C.__Agree to unreasonably restrict the right under section 8712 to disclosure of any facts by a neutral arbitrator; or

D.__Waive the right under section 8716 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this chapter, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

3.__Requirements that may not be waived or varied.__A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of the requirements of this section or section 8703, subsection 1 or 3; 8707; 8714; 8718; 8720, subsection 4 or 5; 8722; 8723; 8724; 8725, subsection 1 or 2; 8729; 8730; or 8731.

Uniform Comment

1. Section 4 is similar to provisions in the Uniform Partnership Act (Section 103) and in the proposed Revised Uniform Limited Partnership Act (Section 101B). The intent of Section 4 is to indicate that, although the RUAA is primarily a default statute and the parties' autonomy as expressed in their agreements concerning an arbitration normally should control the arbitration, there are provisions that parties cannot waive prior to a dispute arising under an arbitration agreement or cannot waive at all.

2. Section 4(a) embodies the notion of party autonomy in shaping their arbitration agreement or arbitration process. It should be noted that, subject to Section 4(b) and (c) and in accordance with Comment 1 to Section 6, although the parties' arbitration agreement must be in a record, they subsequently may vary that agreement orally, for instance, during the arbitration proceeding.

3. The phrase "to the extent permitted by law" is included in Section 4(a) to inform the parties that they cannot vary the terms of an arbitration agreement from the RUAA if the result would violate applicable law. This situation occurs most often when a party includes unconscionable provisions in an arbitration agreement. See Comment 7 to Section 6. The law in some circumstances may disallow parties from limiting certain remedies, such as attorney's fees and punitive or other exemplary