USA Statutes : nevada
Title : Title 03 - REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter : CHAPTER 38 - MEDIATION AND ARBITRATION
NRS 38.206 to 38.248 ,
inclusive, may be cited as the Uniform Arbitration Act of 2000.
(Added to NRS by 2001, 1274 )
As used in NRS 38.206 to 38.248 ,
inclusive, the words and terms defined in NRS 38.208 to 38.213 ,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 1274 )
“Arbitral
organization” means an association, agency, board, commission or other
entity that is neutral and initiates, sponsors or administers an arbitral
proceeding or is involved in the appointment of an arbitrator.
(Added to NRS by 2001, 1274 )
“Arbitrator” means an individual
appointed to render an award, alone or with others, in a controversy that
is subject to an agreement to arbitrate.
(Added to NRS by 2001, 1274 )
“Court” means the district court.
(Added to NRS by 2001, 1274 )
“Knowledge” means actual
knowledge.
(Added to NRS by 2001, 1274 )
“Record” means information that is
inscribed on a tangible medium or that is stored in an electronic or
other medium and is retrievable in perceivable form.
(Added to NRS by 2001, 1274 )
1. Except as otherwise provided in NRS 38.206 to 38.248 ,
inclusive, a person gives notice to another person by taking action that
is reasonably necessary to inform the other person in ordinary course,
whether or not the other person acquires knowledge of the notice.
2. A person has notice if he has knowledge of the notice or has
received notice.
3. A person receives notice when it comes to his attention or the
notice is delivered at his place of residence or place of business, or at
another location held out by him as a place of delivery of such
communications.
(Added to NRS by 2001, 1274 )
1. NRS 38.206 to 38.248 , inclusive, govern an agreement to arbitrate
made on or after October 1, 2001.
2. NRS 38.206 to 38.248 , inclusive, govern an agreement to arbitrate
made before October 1, 2001, if all the parties to the agreement or to
the arbitral proceeding so agree in a record.
3. On or after October 1, 2003, NRS 38.206 to 38.248 ,
inclusive, govern an agreement to arbitrate whenever made.
(Added to NRS by 2001, 1275 )
1. Except as otherwise provided in subsections 2 and 3, a party to
an agreement to arbitrate or to an arbitral proceeding may waive, or the
parties may vary the effect of, the requirements of NRS 38.206 to 38.248 ,
inclusive, 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
subsection 1 of NRS 38.218 , subsection
1 of NRS 38.219 , NRS 38.222 , subsection 1 or 2 of NRS 38.233 , NRS 38.244
or 38,247;
(b) Agree to unreasonably restrict the right under NRS 38.223
to notice of the initiation of an
arbitral proceeding;
(c) Agree to unreasonably restrict the right under NRS 38.227
to disclosure of any facts by a neutral
arbitrator; or
(d) Waive the right under NRS 38.232 of a party to an agreement to arbitrate to be
represented by a lawyer at any proceeding or hearing under NRS 38.206
to 38.248 , inclusive, 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 arbitral proceeding may
not waive, or the parties may not vary the effect of, the requirements of
this section or subsection 1 or 3 of NRS 38.216 , NRS 38.221 ,
38.229 , 38.234 , subsection 3 or 4 of NRS 38.237 , NRS 38.239 ,
38.241 , 38.242 , subsection 1 or 2 of NRS 38.243 , NRS 38.248
or 38.330 .
(Added to NRS by 2001, 1275 ; A 2003, 35 , 42 )
1. Except as otherwise provided in NRS 38.247 , an application for judicial relief under NRS
38.206 to 38.248 , inclusive, must be made by motion to the
court and heard in the manner provided by rule of court for making and
hearing motions.
2. Unless a civil action involving the agreement to arbitrate is
pending, notice of an initial motion to the court under NRS 38.206 to 38.248 ,
inclusive, must be served in the manner provided by rule of court for the
service of a summons in a civil action. Otherwise, notice of the motion
must be given in the manner provided by rule of court for serving motions
in pending cases.
(Added to NRS by 2001, 1275 )
1. An agreement contained in a record to submit to arbitration any
existing or subsequent controversy arising between the parties to the
agreement is valid, enforceable and irrevocable except upon a ground that
exists at law or in equity for the revocation of a contract.
2. The court shall decide whether an agreement to arbitrate exists
or a controversy is subject to an agreement to arbitrate.
3. An arbitrator shall decide whether a condition precedent to
arbitrability has been fulfilled and whether a contract containing a
valid agreement to arbitrate is enforceable.
4. If a party to a judicial proceeding challenges the existence
of, or claims that a controversy is not subject to, an agreement to
arbitrate, the arbitral proceeding may continue pending final resolution
of the issue by the court, unless the court otherwise orders.
(Added to NRS by 2001, 1275 )
1. On motion of a person showing an agreement to arbitrate and
alleging another person’s refusal to arbitrate pursuant to the agreement:
(a) If the refusing party does not appear or does not oppose the
motion, the court shall order the parties to arbitrate; and
(b) If the refusing party opposes the motion, the court shall
proceed summarily to decide the issue and order the parties to arbitrate
unless it finds that there is no enforceable agreement to arbitrate.
2. On motion of a person alleging that an arbitral proceeding has
been initiated or threatened but that there is no agreement to arbitrate,
the court shall proceed summarily to decide the issue. If the court finds
that there is an enforceable agreement to arbitrate, it shall order the
parties to arbitrate.
3. If the court finds that there is no enforceable agreement, it
may not, pursuant to subsection 1 or 2, order the parties to arbitrate.
4. The court may not refuse to order arbitration because the claim
subject to arbitration lacks merit or grounds for the claim have not been
established.
5. If a proceeding involving a claim referable to arbitration
under an alleged agreement to arbitrate is pending in court, a motion
under this section must be made in that court. Otherwise, a motion under
this section may be made in any court as provided in NRS 38.246 .
6. If a party makes a motion to the court to order arbitration,
the court on just terms shall stay any judicial proceeding that involves
a claim alleged to be subject to the arbitration until the court renders
a final decision under this section.
7. If the court orders arbitration, the court on just terms shall
stay any judicial proceeding that involves a claim subject to the
arbitration. If a claim subject to the arbitration is severable, the
court may limit the stay to that claim.
(Added to NRS by 2001, 1276 )
1. Before an arbitrator is appointed and is authorized and able to
act, the court, upon motion of a party to an arbitral proceeding and for
good cause shown, may enter an order for provisional remedies to protect
the effectiveness of the arbitral proceeding to the same extent and under
the same conditions as if the controversy were the subject of a civil
action.
2. After an arbitrator is appointed and is authorized and able to
act:
(a) The arbitrator may issue such orders for provisional remedies,
including interim awards, as he finds necessary to protect the
effectiveness of the arbitral proceeding and to promote the fair and
expeditious resolution of the controversy, to the same extent and under
the same conditions as if the controversy were the subject of a civil
action; and
(b) A party to an arbitral proceeding may move the court for a
provisional remedy only if the matter is urgent and the arbitrator is not
able to act timely or the arbitrator cannot provide an adequate remedy.
3. A party does not waive a right of arbitration by making a
motion under subsection 1 or 2.
(Added to NRS by 2001, 1276 )
1. A person initiates an arbitral proceeding by giving notice in a
record to the other parties to the agreement to arbitrate in the agreed
manner between the parties or, in the absence of agreement, by certified
or registered mail, return receipt requested and obtained, or by service
as authorized for the commencement of a civil action. The notice must
describe the nature of the controversy and the remedy sought.
2. Unless a person objects for lack or insufficiency of notice
under subsection 3 of NRS 38.231 not
later than the beginning of the arbitration hearing, by appearing at the
hearing he waives any objection to lack of or insufficiency of notice.
(Added to NRS by 2001, 1277 )
1. Except as otherwise provided in subsection 3, upon motion of a
party to an agreement to arbitrate or to an arbitral proceeding, the
court may order consolidation of separate arbitral proceedings as to all
or some of the claims if:
(a) There are separate agreements to arbitrate or separate arbitral
proceedings between the same persons or one of them is a party to a
separate agreement to arbitrate or a separate arbitral proceeding with a
third person;
(b) The claims subject to the agreements to arbitrate arise in
substantial part from the same transaction or series of related
transactions;
(c) The existence of a common issue of law or fact creates the
possibility of conflicting decisions in the separate arbitral
proceedings; and
(d) Prejudice resulting from a failure to consolidate is not
outweighed by the risk of undue delay or prejudice to the rights of or
hardship to parties opposing consolidation.
2. The court may order consolidation of separate arbitral
proceedings as to some claims and allow other claims to be resolved in
separate arbitral proceedings.
3. The court may not order consolidation of the claims of a party
to an agreement to arbitrate if the agreement prohibits consolidation.
(Added to NRS by 2001, 1277 )
1. If the parties to an agreement to arbitrate agree on a method
for appointing an arbitrator, that method must be followed, unless the
method fails. If the parties have not agreed on a method, the agreed
method fails, or an arbitrator appointed fails or is unable to act and a
successor has not been appointed, the court, on motion of a party to the
arbitral proceeding, shall appoint the arbitrator. An arbitrator so
appointed has all the powers of an arbitrator designated in the agreement
to arbitrate or appointed pursuant to the agreed method.
2. An individual who has a known, direct and material interest in
the outcome of the arbitral proceeding or a known, existing and
substantial relationship with a party may not serve as an arbitrator
required by an agreement to be neutral.
(Added to NRS by 2001, 1277 )
1. Before accepting appointment, an individual who is requested to
serve as an arbitrator, after making a reasonable inquiry, shall disclose
to all parties to the agreement to arbitrate and arbitral proceeding and
to any other arbitrators any known facts that a reasonable person would
consider likely to affect the impartiality of the arbitrator in the
proceeding, including:
(a) A financial or personal interest in the outcome of the arbitral
proceeding; and
(b) An existing or past relationship with any of the parties to the
agreement to arbitrate or the arbitral proceeding, their counsel or
representatives, a witness or another arbitrator.
2. An arbitrator has a continuing obligation to disclose to all
parties to the agreement to arbitrate and arbitral proceeding and to any
other arbitrators any facts that he learns after accepting appointment
which a reasonable person would consider likely to affect the
impartiality of the arbitrator.
3. If an arbitrator discloses a fact required by subsection 1 or 2
to be disclosed and a party timely objects to the appointment or
continued service of the arbitrator based upon the fact disclosed, the
objection may be a ground under paragraph (b) of subsection 1 of NRS
38.241 for vacating an award made by
the arbitrator.
4. If the arbitrator did not disclose a fact as required by
subsection 1 or 2, upon timely objection by a party, the court under
paragraph (b) of subsection 1 of NRS 38.241 may vacate an award.
5. An arbitrator appointed as a neutral arbitrator who does not
disclose a known, direct and material interest in the outcome of the
arbitral proceeding or a known, existing and substantial relationship
with a party is presumed to act with evident partiality for the purposes
of paragraph (b) of subsection 1 of NRS 38.241 .
6. If the parties to an arbitral proceeding agree to the
procedures of an arbitral organization or any other procedures for
challenges to arbitrators before an award is made, substantial compliance
with those procedures is a condition precedent to a motion to vacate an
award on that ground under paragraph (b) of subsection 1 of NRS 38.241
.
(Added to NRS by 2001, 1277 )
If there are two or more
arbitrators, the powers of an arbitrator must be exercised by a majority
of the arbitrators, but all of them shall conduct the hearing under
subsection 3 of NRS 38.231 .
(Added to NRS by 2001, 1278 )
1. An arbitrator or an arbitral organization acting in that
capacity is immune from civil liability to the same extent as a judge of
a court of this State acting in a judicial capacity.
2. The immunity afforded by this section supplements any immunity
under other law.
3. The failure of an arbitrator to make a disclosure required by
NRS 38.227 does not cause any loss of
immunity under this section.
4. In a judicial, administrative or similar proceeding, an
arbitrator or representative of an arbitral organization is not competent
to testify, and may not be required to produce records as to any
statement, conduct, decision or ruling occurring during the arbitral
proceeding, to the same extent as a judge of a court of this State acting
in a judicial capacity. This subsection does not apply:
(a) To the extent necessary to determine the claim of an
arbitrator, arbitral organization or representative of the arbitral
organization against a party to the arbitral proceeding; or
(b) To a hearing on a motion to vacate an award under paragraph (a)
or (b) of subsection 1 of NRS 38.241 if
the movant establishes prima facie that a ground for vacating the award
exists.
5. If a person commences a civil action against an arbitrator,
arbitral organization or representative of an arbitral organization
arising from the services of the arbitrator, organization or
representative or if a person seeks to compel an arbitrator or a
representative of an arbitral organization to testify or produce records
in violation of subsection 4, and the court decides that the arbitrator,
arbitral organization or representative is immune from civil liability or
that the arbitrator or representative is not competent to testify, the
court shall award to the arbitrator, organization or representative
reasonable attorney’s fees and other reasonable expenses of litigation.
(Added to NRS by 2001, 1278 )
1. An arbitrator may conduct an arbitration in such manner as he
considers appropriate for a fair and expeditious disposition of the
proceeding. The authority conferred upon the arbitrator includes the
power to hold conferences with the parties to the arbitral proceeding
before the hearing and, among other matters, determine the admissibility,
relevance, materiality and weight of any evidence.
2. An arbitrator may decide a request for summary disposition of a
claim or particular issue:
(a) If all interested parties agree; or
(b) Upon request of one party to the arbitral proceeding if that
party gives notice to all other parties to the proceeding, and the other
parties have a reasonable opportunity to respond.
3. If an arbitrator orders a hearing, he shall set a time and
place and give notice of the hearing not less than 5 days before the
hearing begins. Unless a party to the arbitral proceeding makes an
objection to lack or insufficiency of notice not later than the beginning
of the hearing, his appearance at the hearing waives the objection. Upon
request of a party to the arbitral proceeding and for good cause shown,
or upon his own initiative, the arbitrator may adjourn the hearing from
time to time as necessary but may not postpone the hearing to a time
later than that fixed by the agreement to arbitrate for making the award
unless the parties to the arbitral proceeding consent to a later date.
The arbitrator may hear and decide the controversy upon the evidence
produced although a party who was duly notified of the arbitral
proceeding did not appear. The court, on request, may direct the
arbitrator to conduct the hearing promptly and render a timely decision.
4. At a hearing held under subsection 3, a party to the arbitral
proceeding has a right to be heard, to present evidence material to the
controversy and to cross-examine witnesses appearing at the hearing.
5. If an arbitrator ceases or is unable to act during an arbitral
proceeding, a replacement arbitrator must be appointed in accordance with
NRS 38.226 to continue the proceeding
and to resolve the controversy.
(Added to NRS by 2001, 1279 )
A party to an arbitral
proceeding may be represented by a lawyer.
(Added to NRS by 2001, 1279 )
1. An arbitrator may issue a subpoena for the attendance of a
witness and for the production of records and other evidence at any
hearing and may administer oaths. A subpoena must be served in the manner
for service of subpoenas in a civil action and, upon motion to the court
by a party to the arbitral proceeding or the arbitrator, enforced in the
manner for enforcement of subpoenas in a civil action.
2. To make the proceedings fair, expeditious and cost effective,
upon request of a party to or a witness in an arbitral proceeding, an
arbitrator may permit a deposition of any witness to be taken for use as
evidence at the hearing, including a witness who cannot be subpoenaed for
or is unable to attend a hearing. The arbitrator shall determine the
conditions under which the deposition is taken.
3. An arbitrator may permit such discovery as he decides is
appropriate in the circumstances, taking into account the needs of the
parties to the arbitral proceeding and other affected persons and the
desirability of making the proceeding fair, expeditious and cost
effective.
4. If an arbitrator permits discovery under subsection 3, he may
order a party to the arbitral proceeding to comply with the arbitrator’s
orders related to discovery, issue subpoenas for the attendance of a
witness and for the production of records and other evidence at a
proceeding for discovery, and take action against a noncomplying party to
the extent a court could if the controversy were the subject of a civil
action in this State.
5. An arbitrator may issue a protective order to prevent the
disclosure of privileged information, confidential information, trade
secrets and other information protected from disclosure to the extent a
court could if the controversy were the subject of a civil action in this
State.
6. All laws compelling a person under subpoena to testify and all
fees for attending a judicial proceeding, a deposition or a proceeding
for discovery as a witness apply to an arbitral proceeding as if the
controversy were the subject of a civil action in this State.
7. The court may enforce a subpoena or order related to discovery
for the attendance of a witness within this State and for the production
of records and other evidence issued by an arbitrator in connection with
an arbitral proceeding in another state upon conditions determined by the
court so as to make the arbitral proceeding fair, expeditious and cost
effective. A subpoena or order related to discovery issued by an
arbitrator in another state must be served in the manner provided by rule
of court for service of subpoenas in a civil action in this State and,
upon motion to the court by a party to the arbitral proceeding or the
arbitrator, enforced in the manner provided by rule of court for
enforcement of subpoenas in a civil action in this State.
(Added to NRS by 2001, 1279 )
If an arbitrator makes a preaward ruling in favor of a party to an
arbitral proceeding, the party may request the arbitrator to incorporate
the ruling into an award under NRS 38.236 . A prevailing party may make a motion to the
court for an expedited order to confirm the award under NRS 38.239 , in which case the court shall summarily
decide the motion. The court shall issue an order to confirm the award
unless the court vacates, modifies or corrects the award under NRS 38.241
or 38.242 .
(Added to NRS by 2001, 1280 )
1. An arbitrator shall make a record of an award. The record must
be signed or otherwise authenticated by an arbitrator who concurs with
the award. The arbitrator or the arbitral organization shall give notice
of the award, including a copy of the award, to each party to the
arbitral proceeding.
2. An award must be made within the time specified by the
agreement to arbitrate or, if not specified therein, within the time
ordered by the court. The court may extend or the parties to the arbitral
proceeding may agree in a record to extend the time. The court or the
parties may do so within or after the time specified or ordered. A party
waives any objection that an award was not timely made unless he gives
notice of the objection to the arbitrator before receiving notice of the
award.
(Added to NRS by 2001, 1280 )
1. On motion to an arbitrator by a party to an arbitral
proceeding, the arbitrator may modify or correct an award:
(a) Upon a ground stated in paragraph (a) or (c) of subsection 1 of
NRS 38.242 ;
(b) Because the arbitrator has not made a final and definite award
upon a claim submitted by the parties to the arbitral proceeding; or
(c) To clarify the award.
2. A motion under subsection 1 must be made and notice given to
all parties within 20 days after the movant receives notice of the award.
3. A party to the arbitral proceeding must give notice of any
objection to the motion within 10 days after receipt of the notice.
4. If a motion to the court is pending under NRS 38.239 , 38.241 or
38.242 , the court may submit the claim
to the arbitrator to consider whether to modify or correct the award:
(a) Upon a ground stated in paragraph (a) or (c) of subsection 1 of
NRS 38.242 ;
(b) Because the arbitrator has not made a final and definite award
upon a claim submitted by the parties to the arbitral proceeding; or
(c) To clarify the award.
5. An award modified or corrected pursuant to this section is
subject to subsection 1 of NRS 38.236
and to NRS 38.239 , 38.241 and 38.242 .
(Added to NRS by 2001, 1281 )
1. An arbitrator may award reasonable attorney’s fees and other
reasonable expenses of arbitration if such an award is authorized by law
in a civil action involving the same claim or by the agreement of the
parties to the arbitral proceeding.
2. As to all remedies other than those authorized by subsection 1,
an arbitrator may order such remedies as he considers just and
appropriate under the circumstances of the arbitral proceeding. The fact
that such a remedy could not or would not be granted by the court is not
a ground for refusing to confirm an award under NRS 38.239 or for vacating an award under NRS 38.241
.
3. An arbitrator’s expenses and fees, together with other
expenses, must be paid as provided in the award.
(Added to NRS by 2001, 1281 )
After a party to an arbitral
proceeding receives notice of an award, he may make a motion to the court
for an order confirming the award at which time the court shall issue a
confirming order unless the award is modified or corrected pursuant to
NRS 38.237 or 38.242 or is vacated pursuant to NRS 38.241 .
(Added to NRS by 2001, 1281 )
1. Upon motion to the court by a party to an arbitral proceeding,
the court shall vacate an award made in the arbitral proceeding if:
(a) The award was procured by corruption, fraud or other undue
means;
(b) There was:
(1) Evident partiality by an arbitrator appointed as a
neutral arbitrator;
(2) Corruption by an arbitrator; or
(3) Misconduct by an arbitrator prejudicing the rights of a
party to the arbitral proceeding;
(c) An arbitrator refused to postpone the hearing upon showing of
sufficient cause for postponement, refused to consider evidence material
to the controversy, or otherwise conducted the hearing contrary to NRS
38.231 , so as to prejudice
substantially the rights of a party to the arbitral proceeding;
(d) An arbitrator exceeded his powers;
(e) There was no agreement to arbitrate, unless the movant
participated in the arbitral proceeding without raising the objection
under subsection 3 of NRS 38.231 not
later than the beginning of the arbitral hearing; or
(f) The arbitration was conducted without proper notice of the
initiation of an arbitration as required in NRS 38.223 so as to prejudice substantially the rights of
a party to the arbitral proceeding.
2. A motion under this section must be made within 90 days after
the movant receives notice of the award pursuant to NRS 38.236 or within 90 days after he receives notice of
a modified or corrected award pursuant to NRS 38.237 , unless he alleges that the award was procured
by corruption, fraud or other undue means, in which case the motion must
be made within 90 days after the ground is known or by the exercise of
reasonable care would have been known by the movant.
3. If the court vacates an award on a ground other than that set
forth in paragraph (e) of subsection 1, it may order a rehearing. If the
award is vacated on a ground stated in paragraph (a) or (b) of subsection
1, the rehearing must be before a new arbitrator. If the award is vacated
on a ground stated in paragraph (c), (d) or (f) of subsection 1, the
rehearing may be before the arbitrator who made the award or his
successor. The arbitrator must render the decision in the rehearing
within the same time as that provided in subsection 2 of NRS 38.236
for an award.
4. If the court denies a motion to vacate an award, it shall
confirm the award unless a motion to modify or correct the award is
pending.
(Added to NRS by 2001, 1281 )
1. Upon motion made within 90 days after the movant receives
notice of the award pursuant to NRS 38.236 or within 90 days after he receives notice of
a modified or corrected award pursuant to NRS 38.237 , the court shall modify or correct the award
if:
(a) There was an evident mathematical miscalculation or an evident
mistake in the description of a person, thing or property referred to in
the award;
(b) The arbitrator has made an award on a claim not submitted to
him and the award may be corrected without affecting the merits of the
decision upon the claims submitted; or
(c) The award is imperfect in a matter of form not affecting the
merits of the decision on the claims submitted.
2. If a motion made under subsection 1 is granted, the court shall
modify or correct and confirm the award as modified or corrected.
Otherwise, unless a motion to vacate is pending, the court shall confirm
the award.
3. A motion to modify or correct an award pursuant to this section
may be joined with a motion to vacate the award.
(Added to NRS by 2001, 1282 )
1. Upon granting an order confirming, vacating without directing a
rehearing, modifying or correcting an award, the court shall enter a
judgment in conformity therewith. The judgment may be recorded, docketed
and enforced as any other judgment in a civil action.
2. A court may allow reasonable costs of the motion and subsequent
judicial proceedings.
3. On application of a prevailing party to a contested judicial
proceeding under NRS 38.239 , 38.241
or 38.242 , the court may add reasonable attorney’s fees
and other reasonable expenses of litigation incurred in a judicial
proceeding after the award is made to a judgment confirming, vacating
without directing a rehearing, modifying or correcting an award.
(Added to NRS by 2001, 1282 )
1. A court of this state having jurisdiction over the controversy
and the parties may enforce an agreement to arbitrate.
2. An agreement to arbitrate providing for arbitration in this
state confers exclusive jurisdiction on the court to enter judgment on an
award under NRS 38.206 to 38.248 , inclusive.
(Added to NRS by 2001, 1283 )
A motion pursuant to NRS 38.218 must be made in the court of the county in
which the agreement to arbitrate specifies the arbitration hearing is to
be held or, if the hearing has been held, in the court of the county in
which it was held. Otherwise, the motion may be made in the court of any
county in which an adverse party resides or has a place of business or,
if no adverse party has a residence or place of business in this State,
in the court of any county in this State. All subsequent motions must be
made in the court hearing the initial motion unless the court otherwise
directs.
(Added to NRS by 2001, 1283 )
1. An appeal may be taken from:
(a) An order denying a motion to compel arbitration;
(b) An order granting a motion to stay arbitration;
(c) An order confirming or denying confirmation of an award;
(d) An order modifying or correcting an award;
(e) An order vacating an award without directing a rehearing; or
(f) A final judgment entered pursuant to NRS 38.206 to 38.248 ,
inclusive.
2. An appeal under this section must be taken as from an order or
a judgment in a civil action.
(Added to NRS by 2001, 1283 )
In
applying and construing this Uniform Act, consideration must be given to
the need to promote uniformity of the law with respect to its subject
matter among states that enact it.
(Added to NRS by 2001, 1283 )
ARBITRATION OF ACTIONS IN DISTRICT COURTS AND JUSTICE COURTS
1. Except as otherwise provided in NRS 38.310 :
(a) All civil actions filed in district court for damages, if the
cause of action arises in the State of Nevada and the amount in issue
does not exceed $50,000 per plaintiff, exclusive of attorney’s fees,
interest and court costs, must be submitted to nonbinding arbitration in
accordance with the provisions of NRS 38.250 to 38.259 ,
inclusive, unless the parties have agreed or are otherwise required to
submit the action to an alternative method of resolving disputes
established by the Supreme Court pursuant to NRS 38.258 , including, without limitation, a settlement
conference, mediation or a short trial.
(b) A civil action for damages filed in Justice Court may be
submitted to binding arbitration or to an alternative method of resolving
disputes, including, without limitation, a settlement conference or
mediation, if the parties agree to the submission.
2. An agreement entered into pursuant to this section must be:
(a) Entered into at the time of the dispute and not be a part of
any previous agreement between the parties;
(b) In writing; and
(c) Entered into knowingly and voluntarily.
Ê An agreement entered into pursuant to this section that does not comply
with the requirements set forth in this subsection is void.
3. As used in this section, “short trial” means a trial that is
conducted, with the consent of the parties to the action, in accordance
with procedures designed to limit the length of the trial, including,
without limitation, restrictions on the amount of discovery requested by
each party, the use of a jury composed of not more than eight persons and
a specified limit on the amount of time each party may use to present his
case.
(Added to NRS by 1991, 1343; A 1993, 556, 1024; 1995, 1419, 2537,
2538; 1999, 852 , 1379 ; 2003, 851 ; 2005, 391 )
1. The Supreme Court shall adopt rules to provide for the
establishment of a program of arbitration pursuant to NRS 38.250 .
2. The Supreme Court, in association with the State Bar of Nevada
or other organizations, shall provide training in arbitration for
attorneys and nonattorneys.
3. The district courts in each judicial district shall administer
the program in their respective districts in accordance with the rules
adopted by Supreme Court.
4. The Supreme Court may:
(a) Charge each person who applies for training as an arbitrator an
application fee.
(b) Charge a fee to cover the cost of the training programs.
5. For the purposes of NRS 41.0305 to 41.039 ,
inclusive, a person serving as an arbitrator shall be deemed an employee
of the court while in the performance of his duties under the program.
(Added to NRS by 1991, 1343; A 1993, 1024)
1. The rules adopted by the Supreme Court pursuant to NRS 38.253
to provide guidelines for the
establishment by a district court of a program must include provisions
for a:
(a) Mandatory program for the arbitration of civil actions pursuant
to NRS 38.250 .
(b) Voluntary program for the arbitration of civil actions if the
cause of action arises in the State of Nevada and the amount in issue
exceeds $50,000 per plaintiff, exclusive of attorney’s fees, interest and
court costs.
(c) Voluntary program for the use of binding arbitration in all
civil actions.
2. The rules must provide that the district court of any judicial
district whose population is 100,000 or more:
(a) Shall establish programs pursuant to paragraphs (a), (b) and
(c) of subsection 1.
(b) May set fees and charge parties for arbitration if the amount
in issue exceeds $50,000 per plaintiff, exclusive of attorney’s fees,
interest and court costs.
Ê The rules may provide for similar programs for the other judicial
districts.
3. The rules must exclude the following from any program of
mandatory arbitration:
(a) Actions in which the amount in issue, excluding attorney’s
fees, interest and court costs, is more than $50,000 or less than the
maximum jurisdictional amounts specified in NRS 4.370 and 73.010 ;
(b) Class actions;
(c) Actions in equity;
(d) Actions concerning the title to real estate;
(e) Probate actions;
(f) Appeals from courts of limited jurisdiction;
(g) Actions for declaratory relief;
(h) Actions involving divorce or problems of domestic relations;
(i) Actions brought for relief based on any extraordinary writs;
(j) Actions for the judicial review of an administrative decision;
(k) Actions in which the parties, pursuant to a written agreement
executed before the accrual of the cause of action or pursuant to rules
adopted by the Supreme Court, have submitted the controversy to
arbitration or any other alternative method for resolving a dispute;
(l) Actions that present unusual circumstances that constitute good
cause for removal from the program;
(m) Actions in which any of the parties is incarcerated; and
(n) Actions submitted to mediation pursuant to rules adopted by the
Supreme Court.
4. The rules must include:
(a) Provisions for the payment of fees to an arbitrator who is
appointed to hear a case pursuant to the rules. The rules must provide
that an arbitrator must be compensated at a rate of $100 per hour, to a
maximum of $1,000 per case, unless otherwise authorized by the
arbitration commissioner for good cause shown.
(b) Guidelines for the award of attorney’s fees and maximum
limitations on the costs to the parties of the arbitration.
(c) Disincentives to appeal.
(d) Provisions for trial upon the exercise by either party of his
right to a trial anew after the arbitration.
5. The Supreme Court shall, on or before February 1 of each
odd-numbered year, submit a report to the Director of the Legislative
Counsel Bureau for transmittal to the Chairmen of the Assembly and Senate
Standing Committees on Judiciary. The report must include, for the period
since the previous such report, if any:
(a) A listing of the number of actions which were submitted to
arbitration or other alternative methods of resolving disputes pursuant
to NRS 38.250 or 38.258 and their manner of disposition;
(b) A statement of the amount of money collected in each judicial
district pursuant to NRS 19.0315 and a
summary of the manner in which the fees were expended; and
(c) Any recommendations for legislation or other information
regarding the programs on arbitration deemed relevant by the Supreme
Court.
(Added to NRS by 1983, 1232; A 1991, 1344; 1995, 2537; 2001, 542
; 2005, 392 )
Repealed. (See chapter 122, Statutes of Nevada 2005, at page 395 .)
1. The Supreme Court may authorize the use of settlement
conferences and other alternative methods of resolving disputes,
including, without limitation, mediation and a short trial, that are
available in the county in which a district court is located:
(a) In lieu of submitting an action to nonbinding arbitration
pursuant to NRS 38.250 ; or
(b) During or following such nonbinding arbitration if the parties
agree that the use of any such alternative methods of resolving disputes
would assist in the resolution of the dispute.
2. If the Supreme Court authorizes the use of an alternative
method of resolving disputes pursuant to subsection 1, the Supreme Court
shall adopt rules and procedures to govern the use of any such method.
3. As used in this section, “short trial” has the meaning ascribed
to it in NRS 38.250 .
(Added to NRS by 1991, 1344; A 1999, 1380 ; 2005, 393 )
1. If an action is submitted to arbitration in accordance with the
provisions of NRS 38.250 to 38.259
, inclusive, the arbitrator or panel of
arbitrators shall, in addition to any other written findings of fact or
conclusions of law, make written findings in accordance with this
subsection concerning each cause of action. The written findings must be
in substantially the following form, with “panel of arbitrators” being
substituted for “arbitrator” when appropriate:
Based upon the evidence presented at the arbitration hearing
concerning the cause of action for ................, the arbitrator finds
in favor of ................(name of the party) and
................(“awards damages in the amount of $................” or
“does not award any damages on that cause of action”).
2. If an action is submitted to arbitration in accordance with the
provisions of NRS 38.250 to 38.259
, inclusive, and, after arbitration, a
party requests a trial anew before a jury:
(a) The written findings made by the arbitrator or the panel of
arbitrators pursuant to subsection 1 must be admitted at trial. The
testimony of the arbitrator or arbitrators, whenever taken, must not be
admitted at trial, and the arbitrator or arbitrators must not be deposed
or called to testify concerning the arbitration. Any other evidence
concerning the arbitration must not be admitted at trial, unless the
admission of such evidence is required by the Constitution of this State
or the Constitution of the United States.
(b) The court shall give the following instruction to the jury
concerning the action, substituting “panel of arbitrators” for
“arbitrator” when appropriate:
During the course of this trial, certain evidence was admitted
concerning the findings of an arbitrator. On the cause of action for
................, the arbitrator found in favor of ................(name
of the party) and ................(“awarded damages in the amount of
$................” or “did not award any damages on that cause of
action”). The findings of the arbitrator may be given the same weight as
other evidence or may be disregarded. However, you must not give those
findings undue weight because they were made by an arbitrator, and you
must not use the findings of the arbitrator as a substitute for your
independent judgment. You must weigh all the evidence that was presented
at trial and arrive at a conclusion based upon your own determination of
the cause of action.
3. The court shall give a separate instruction pursuant to
paragraph (b) of subsection 2 for each such cause of action that is tried
before a jury.
(Added to NRS by 1999, 851 )
MEDIATION AND ARBITRATION OF CLAIMS RELATING TO RESIDENTIAL PROPERTY
WITHIN COMMON-INTEREST COMMUNITY
As used in NRS 38.300 to 38.360 ,
inclusive, unless the context otherwise requires:
1. “Assessments” means:
(a) Any charge which an association may impose against an owner of
residential property pursuant to a declaration of covenants, conditions
and restrictions, including any late charges, interest and costs of
collecting the charges; and
(b) Any penalties, fines, fees and other charges which may be
imposed by an association pursuant to paragraphs (j) to (n), inclusive,
of subsection 1 of NRS 116.3102 .
2. “Association” has the meaning ascribed to it in NRS 116.011
.
3. “Civil action” includes an action for money damages or
equitable relief. The term does not include an action in equity for
injunctive relief in which there is an immediate threat of irreparable
harm, or an action relating to the title to residential property.
4. “Division” means the Real Estate Division of the Department of
Business and Industry.
5. “Residential property” includes, but is not limited to, real
estate within a planned community subject to the provisions of chapter
116 of NRS. The term does not include
commercial property if no portion thereof contains property which is used
for residential purposes.
(Added to NRS by 1995, 1416; A 2003, 2251 , 2274 )
1. No civil action based upon a claim relating to:
(a) The interpretation, application or enforcement of any
covenants, conditions or restrictions applicable to residential property
or any bylaws, rules or regulations adopted by an association; or
(b) The procedures used for increasing, decreasing or imposing
additional assessments upon residential property,
Ê may be commenced in any court in this state unless the action has been
submitted to mediation or arbitration pursuant to the provisions of NRS
38.300 to 38.360 , inclusive, and, if the civil action concerns
real estate within a planned community subject to the provisions of
chapter 116 of NRS, all administrative
procedures specified in any covenants, conditions or restrictions
applicable to the property or in any bylaws, rules and regulations of an
association have been exhausted.
2. A court shall dismiss any civil action which is commenced in
violation of the provisions of subsection 1.
(Added to NRS by 1995, 1417; A 1997, 526)
1. Any civil action described in NRS 38.310 must be submitted for mediation or arbitration
by filing a written claim with the Division. The claim must include:
(a) The complete names, addresses and telephone numbers of all
parties to the claim;
(b) A specific statement of the nature of the claim;
(c) A statement of whether the person wishes to have the claim
submitted to a mediator or to an arbitrator. If the person wishes to have
the claim submitted to an arbitrator, whether he agrees to binding
arbitration; and
(d) Such other information as the Division may require.
2. The written claim must be accompanied by a reasonable fee as
determined by the Division.
3. Upon the filing of the written claim, the claimant shall serve
a copy of the claim in the manner prescribed in Rule 4 of the Nevada
Rules of Civil Procedure for the service of a summons and complaint. The
claim so served must be accompanied by a statement explaining the
procedures for mediation and arbitration set forth in NRS 38.300 to 38.360 ,
inclusive.
4. Upon being served pursuant to subsection 3, the person upon
whom a copy of the written claim was served shall, within 30 days after
the date of service, file a written answer with the Division. The answer
must be accompanied by a reasonable fee as determined by the Division.
(Added to NRS by 1995, 1417)
1. If all parties named in a written claim filed pursuant to NRS
38.320 agree to have the claim
submitted for mediation, the parties shall reduce the agreement to
writing and shall select a mediator from the list of mediators maintained
by the Division pursuant to NRS 38.340 .
Any mediator selected must be available within the geographic area. If
the parties fail to agree upon a mediator, the Division shall appoint a
mediator from the list of mediators maintained by the Division. Any
mediator appointed must be available within the geographic area. Unless
otherwise provided by an agreement of the parties, mediation must be
completed within 60 days after the parties agree to mediation. Any
agreement obtained through mediation conducted pursuant to this section
must, within 20 days after the conclusion of mediation, be reduced to
writing by the mediator and a copy thereof provided to each party. The
agreement may be enforced as any other written agreement. Except as
otherwise provided in this section, the parties are responsible for all
costs of mediation conducted pursuant to this section.
2. If all the parties named in the claim do not agree to
mediation, the parties shall select an arbitrator from the list of
arbitrators maintained by the Division pursuant to NRS 38.340 . Any arbitrator selected must be available
within the geographic area. If the parties fail to agree upon an
arbitrator, the Division shall appoint an arbitrator from the list
maintained by the Division. Any arbitrator appointed must be available
within the geographic area. Upon appointing an arbitrator, the Division
shall provide the name of the arbitrator to each party.
3. The Division may provide for the payment of the fees for a
mediator or an arbitrator selected or appointed pursuant to this section
from the Account for Common-Interest Communities created by NRS 116.630
, to the extent that:
(a) The Commission for Common-Interest Communities approves the
payment; and
(b) There is money available in the account for this purpose.
4. Except as otherwise provided in this section and except where
inconsistent with the provisions of NRS 38.300 to 38.360 ,
inclusive, the arbitration of a claim pursuant to this section must be
conducted in accordance with the provisions of NRS 38.231 , 38.232 ,
38.233 , 38.236 to 38.239 ,
inclusive, 38.242 and 38.243 . At any time during the arbitration of a claim
relating to the interpretation, application or enforcement of any
covenants, conditions or restrictions applicable to residential property
or any bylaws, rules or regulations adopted by an association, the
arbitrator may issue an order prohibiting the action upon which the claim
is based. An award must be made within 30 days after the conclusion of
arbitration, unless a shorter period is agreed upon by the parties to the
arbitration.
5. If all the parties have agreed to nonbinding arbitration, any
party to the arbitration may, within 30 days after a decision and award
have been served upon the parties, commence a civil action in the proper
court concerning the claim which was submitted for arbitration. Any
complaint filed in such an action must contain a sworn statement
indicating that the issues addressed in the complaint have been
arbitrated pursuant to the provisions of NRS 38.300 to 38.360 ,
inclusive. If such an action is not commenced within that period, any
party to the arbitration may, within 1 year after the service of the
award, apply to the proper court for a confirmation of the award pursuant
to NRS 38.239 .
6. If all the parties agree in writing to binding arbitration, the
arbitration must be conducted in accordance with the provisions of this
chapter. An award procured pursuant to such arbitration may be vacated
and a rehearing granted upon application of a party pursuant to the
provisions of NRS 38.241 .
7. If, after the conclusion of arbitration, a party:
(a) Applies to have an award vacated and a rehearing granted
pursuant to NRS 38.241 ; or
(b) Commences a civil action based upon any claim which was the
subject of arbitration,
Ê the party shall, if he fails to obtain a more favorable award or
judgment than that which was obtained in the initial arbitration, pay all
costs and reasonable attorney’s fees incurred by the opposing party after
the application for a rehearing was made or after the complaint in the
civil action was filed.
8. Upon request by a party, the Division shall provide a statement
to the party indicating the amount of the fees for a mediator or an
arbitrator selected or appointed pursuant to this section.
9. As used in this section, “geographic area” means an area within
150 miles from any residential property or association which is the
subject of a written claim submitted pursuant to NRS 38.320 .
(Added to NRS by 1995, 1418; A 1999, 3016 ; 2001, 1283 ; 2003, 35 , 39 , 2251 )
For the purposes
of NRS 38.300 to 38.360 , inclusive, the Division shall establish and
maintain:
1. A list of mediators and arbitrators who are available for
mediation and arbitration of claims. The list must include mediators and
arbitrators who, as determined by the Division, have received training
and experience in mediation or arbitration and in the resolution of
disputes concerning associations, including, without limitation, the
interpretation, application and enforcement of covenants, conditions and
restrictions pertaining to residential property and the articles of
incorporation, bylaws, rules and regulations of an association. In
establishing and maintaining the list, the Division may use lists of
qualified persons maintained by any organization which provides mediation
or arbitration services. Before including a mediator or arbitrator on a
list established and maintained pursuant to this section, the Division
may require the mediator or arbitrator to present proof satisfactory to
the Division that he has received the training and experience required
for mediators or arbitrators pursuant to this section.
2. A document which contains a written explanation of the
procedures for mediating and arbitrating claims pursuant to NRS 38.300
to 38.360 , inclusive.
(Added to NRS by 1995, 1419)
Any statute of
limitations applicable to a claim described in NRS 38.310 is tolled from the time the claim is submitted
for mediation or arbitration pursuant to NRS 38.320 until the conclusion of mediation or
arbitration of the claim and the period for vacating the award has
expired.
(Added to NRS by 1995, 1419)
1. The Division shall administer the provisions of NRS 38.300
to 38.360 , inclusive, and may adopt such regulations as
are necessary to carry out those provisions.
2. All fees collected by the Division pursuant to the provisions
of NRS 38.300 to 38.360 , inclusive, must be accounted for separately
and may only be used by the Division to administer the provisions of NRS
38.300 to 38.360 , inclusive.
(Added to NRS by 1995, 1419)
