HRS §658A-4
When arbitration agreement rules can be changed or waived
This section explains when parties in an arbitration agreement can change or give up certain rights. Before a dispute happens, some rights cannot be waived, like the right to a lawyer. After a dispute starts, more rules cannot be changed. It lists which specific rules are protected.
employers
The statute, as written — Effect of agreement to arbitrate; nonwaivable provisions
(a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this chapter to the extent permitted by law. (b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement shall not: (1) Waive or agree to vary the effect of the requirements of section 658A-5(a), 658A-6(a), 658A-8, 658A-17(a), 658A-17(b), 658A-26, or 658A-28; (2) Agree to unreasonably restrict the right under section 658A-9 to notice of the initiation of an arbitration proceeding; (3) Agree to unreasonably restrict the right under section 658A-12 to disclosure of any facts by a neutral arbitrator; or (4) Waive the right under section 658A-16 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. (c) A party to an agreement to arbitrate or arbitration proceeding shall not waive, or the parties shall not vary the effect of, the requirements of this section or section 658A-3(a) or (c), 658A-7, 658A-14, 658A-18, 658A-20(d) or (e), 658A-22, 658A-23, 658A-24, 658A-25(a) or (b), or 658A-29.
Sections this one refers to
§658A-12 Arbitrators must tell everyone about possible conflicts
§658A-3 When this arbitration law applies
§658A-5 How to ask a court for help with arbitration
§658A-9 How to start an arbitration case
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