2017 ORS 36.610¹
Effect of agreement to arbitrate
  • nonwaivable provisions

(1) Except as otherwise provided in this section, 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 ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) to the extent permitted by law.

(2) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:

(a) Waive or agree to vary the effect of the requirements of this section or ORS 36.615 (Application for judicial relief), 36.620 (Validity of agreement to arbitrate) (1), 36.630 (Provisional remedies), 36.675 (Witnesses) (1) or (2), 36.720 (Jurisdiction) or 36.730 (Appeals);

(b) Agree to unreasonably restrict the right under ORS 36.635 (Initiation of arbitration) to notice of the initiation of an arbitration proceeding;

(c) Agree to unreasonably restrict the right under ORS 36.650 (Disclosure by arbitrator) to disclosure of any facts by a neutral arbitrator; or

(d) Waive the right under ORS 36.670 (Representation by a lawyer) of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act), but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

(3) 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 ORS 36.625 (Petition to compel or stay arbitration), 36.660 (Immunity of arbitrator), 36.680 (Judicial enforcement of preaward ruling by arbitrator), 36.690 (Change of award by arbitrator) (4) or (5), 36.700 (Confirmation of award), 36.705 (Vacating award), 36.710 (Modification or correction of award), 36.715 (Judgment on award) (1) or (2), 36.735 (Uniformity of application and construction) or 36.740 (Relationship to electronic signatures in Global and National Commerce Act) or section 3 (1) or (3) or 31, chapter 598, Oregon Laws 2003.

(4) Subsections (2) and (3) of this section do not apply to agreements to arbitrate entered into by two or more insurers, as defined by ORS 731.106 (“Insurer”), or self-insured persons for the purpose of arbitration of disputes arising out of the provision of insurance. [2003 c.598 §4; 2011 c.595 §118]

Note: See note under 36.600 (Definitions).

Notes of Decisions

Uniform Arbitra­tion Act applies to ac­tions filed on or after January 1, 2004, re­gard­ing agree­ment to arbitrate, regardless of date of agree­ment. Martin v. Comcast of California, 209 Or App 82, 146 P3d 380 (2006)

Uniform Arbitra­tion Act applies to any arbitra­tion agree­ment regardless of when arbitrating parties entered into agree­ment. Jeld-Wen, Inc. v. PacifiCorp, 240 Or App 124, 245 P3d 685 (2010)

Uniform Arbitra­tion Act gives courts authority to deny mo­tion to compel arbitra­tion under arbitra­tion clause on grounds that contract containing clause is unenforceable. Hinman v. Silver Star Group, LLC, 280 Or App 34, 380 P3d 994 (2016)

1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors036.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 36, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano036.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.