2005 Nevada Revised Statutes - Chapter 38 — Mediation and Arbitration

CHAPTER 38 - MEDIATION AND ARBITRATION

UNIFORM ARBITRATION ACT OF 2000

NRS 38.206 Shorttitle.

NRS 38.207 Definitions.

NRS 38.208 Arbitralorganization defined.

NRS 38.209 Arbitratordefined.

NRS 38.211 Courtdefined.

NRS 38.212 Knowledgedefined.

NRS 38.213 Recorddefined.

NRS 38.214 Notice.

NRS 38.216 Applicability.

NRS 38.217 Waiverof requirements or variance of effects of requirements; exceptions.

NRS 38.218 Applicationfor judicial relief; service of notice of initial motion.

NRS 38.219 Validityof agreement to arbitrate.

NRS 38.221 Motionto compel or stay arbitration.

NRS 38.222 Provisionalremedies.

NRS 38.223 Initiationof arbitration.

NRS 38.224 Consolidationof separate arbitration proceedings.

NRS 38.226 Appointmentof arbitrator; service as neutral arbitrator.

NRS 38.227 Disclosureby arbitrator.

NRS 38.228 Actionby majority.

NRS 38.229 Immunityof arbitrator; competency to testify; attorneys fees and costs.

NRS 38.231 Arbitrationprocess.

NRS 38.232 Representationby lawyer.

NRS 38.233 Witnesses;subpoenas; depositions; discovery.

NRS 38.234 Judicialenforcement of preaward ruling by arbitrator.

NRS 38.236 Award.

NRS 38.237 Changeof award by arbitrator.

NRS 38.238 Remedies;fees and expenses of arbitration proceeding.

NRS 38.239 Confirmationof award.

NRS 38.241 Vacatingaward.

NRS 38.242 Modificationor correction of award.

NRS 38.243 Judgmenton award; attorneys fees and litigation expenses.

NRS 38.244 Jurisdiction.

NRS 38.246 Venue.

NRS 38.247 Appeals.

NRS 38.248 Uniformityof application and construction.

ARBITRATION OF ACTIONS IN DISTRICT COURTS AND JUSTICE COURTS

NRS 38.250 Nonbindingarbitration of certain civil actions filed in district court required; nonbindingarbitration of certain civil actions filed in Justice Court authorized; effectof certain agreements by parties to use other alternative methods of resolvingdisputes.

NRS 38.253 Adoptionof rules by Supreme Court; training; administration by district courts; fees;arbitrator deemed employee of court for certain purposes.

NRS 38.255 Guidelinesfor establishment of programs for arbitration; duty of Supreme Court to submitreport concerning programs.

NRS 38.257 Adoptionof rules by Supreme Court for establishment of mandatory short trial programfor civil cases in Justice Courts. [Repealed.]

NRS 38.258 Useof other alternative methods of resolving disputes; adoption of rules bySupreme Court.

NRS 38.259 Certainwritten findings concerning arbitration required; admissibility of suchfindings at trial anew before jury; instructions to jury.

MEDIATION AND ARBITRATION OF CLAIMS RELATING TO RESIDENTIALPROPERTY WITHIN COMMON-INTEREST COMMUNITY

NRS 38.300 Definitions.

NRS 38.310 Limitationson commencement of certain civil actions.

NRS 38.320 Submissionof claim for mediation or arbitration; contents of claim; fees; service ofclaim; written answer.

NRS 38.330 Procedurefor mediation or arbitration of claim; payment of costs and fees upon failureto obtain a more favorable award or judgment in court.

NRS 38.340 Dutiesof Division: Maintenance of list of mediators and arbitrators; establishment ofexplanatory document.

NRS 38.350 Statuteof limitations tolled.

NRS 38.360 Administrationof provisions by Division; regulations; fees.

_________

UNIFORM ARBITRATION ACT OF 2000

NRS 38.206 Shorttitle. NRS38.206 to 38.248, inclusive, may becited as the Uniform Arbitration Act of 2000.

(Added to NRS by 2001, 1274)

NRS 38.207 Definitions. As used in NRS 38.206to 38.248, inclusive, the words andterms defined in NRS 38.208 to 38.213, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2001, 1274)

NRS 38.208 Arbitralorganization defined. Arbitral organizationmeans an association, agency, board, commission or other entity that is neutraland initiates, sponsors or administers an arbitral proceeding or is involved inthe appointment of an arbitrator.

(Added to NRS by 2001, 1274)

NRS 38.209 Arbitratordefined. Arbitrator means an individual appointedto render an award, alone or with others, in a controversy that is subject toan agreement to arbitrate.

(Added to NRS by 2001, 1274)

NRS 38.211 Courtdefined. Court means the district court.

(Added to NRS by 2001, 1274)

NRS 38.212 Knowledgedefined. Knowledge means actual knowledge.

(Added to NRS by 2001, 1274)

NRS 38.213 Recorddefined. Record means information that is inscribedon a tangible medium or that is stored in an electronic or other medium and isretrievable in perceivable form.

(Added to NRS by 2001, 1274)

NRS 38.214 Notice.

1. Except as otherwiseprovided in NRS 38.206 to 38.248, inclusive, a person gives notice toanother person by taking action that is reasonably necessary to inform theother person in ordinary course, whether or not the other person acquires knowledgeof the notice.

2. A person has notice if he has knowledge of thenotice or has received notice.

3. A person receives notice when it comes to hisattention or the notice is delivered at his place of residence or place ofbusiness, or at another location held out by him as a place of delivery of suchcommunications.

(Added to NRS by 2001, 1274)

NRS 38.216 Applicability.

1. NRS 38.206to 38.248, inclusive, govern anagreement to arbitrate made on or after October 1, 2001.

2. NRS 38.206to 38.248, inclusive, govern anagreement to arbitrate made before October 1, 2001, if all the parties to theagreement 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 toarbitrate whenever made.

(Added to NRS by 2001, 1275)

NRS 38.217 Waiverof requirements or variance of effects of requirements; exceptions.

1. Except as otherwise provided in subsections 2 and3, 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 permittedby law.

2. Before a controversy arises that is subject to anagreement to arbitrate, a party to the agreement may not:

(a) Waive or agree to vary the effect of therequirements 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 ofan arbitral proceeding;

(c) Agree to unreasonably restrict the right under NRS 38.227 to disclosure of any facts by aneutral arbitrator; or

(d) Waive the right under NRS 38.232 of a party to an agreement toarbitrate to be represented by a lawyer at any proceeding or hearing under NRS 38.206 to 38.248, inclusive, but an employer and alabor organization may waive the right to representation by a lawyer in a laborarbitration.

3. A party to an agreement to arbitrate or arbitralproceeding may not waive, or the parties may not vary the effect of, therequirements 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)

NRS 38.218 Applicationfor judicial relief; service of notice of initial motion.

1. Except as otherwise provided in NRS 38.247, an application for judicial reliefunder NRS 38.206 to 38.248, inclusive, must be made by motionto the court and heard in the manner provided by rule of court for making andhearing motions.

2. Unless a civil action involving the agreement toarbitrate is pending, notice of an initial motion to the court under NRS 38.206 to 38.248, inclusive, must be served in themanner provided by rule of court for the service of a summons in a civilaction. Otherwise, notice of the motion must be given in the manner provided byrule of court for serving motions in pending cases.

(Added to NRS by 2001, 1275)

NRS 38.219 Validityof agreement to arbitrate.

1. An agreement contained in a record to submit toarbitration any existing or subsequent controversy arising between the partiesto the agreement is valid, enforceable and irrevocable except upon a groundthat exists at law or in equity for the revocation of a contract.

2. The court shall decide whether an agreement toarbitrate exists or a controversy is subject to an agreement to arbitrate.

3. An arbitrator shall decide whether a conditionprecedent to arbitrability has been fulfilled and whether a contract containinga valid agreement to arbitrate is enforceable.

4. If a party to a judicial proceeding challenges theexistence of, or claims that a controversy is not subject to, an agreement toarbitrate, the arbitral proceeding may continue pending final resolution of theissue by the court, unless the court otherwise orders.

(Added to NRS by 2001, 1275)

NRS 38.221 Motionto compel or stay arbitration.

1. On motion of a person showing an agreement toarbitrate and alleging another persons refusal to arbitrate pursuant to theagreement:

(a) If the refusing party does not appear or does notoppose the motion, the court shall order the parties to arbitrate; and

(b) If the refusing party opposes the motion, the courtshall proceed summarily to decide the issue and order the parties to arbitrateunless it finds that there is no enforceable agreement to arbitrate.

2. On motion of a person alleging that an arbitralproceeding has been initiated or threatened but that there is no agreement toarbitrate, the court shall proceed summarily to decide the issue. If the courtfinds that there is an enforceable agreement to arbitrate, it shall order theparties to arbitrate.

3. If the court finds that there is no enforceableagreement, it may not, pursuant to subsection 1 or 2, order the parties toarbitrate.

4. The court may not refuse to order arbitrationbecause the claim subject to arbitration lacks merit or grounds for the claimhave not been established.

5. If a proceeding involving a claim referable toarbitration under an alleged agreement to arbitrate is pending in court, amotion under this section must be made in that court. Otherwise, a motion underthis section may be made in any court as provided in NRS 38.246.

6. If a party makes a motion to the court to orderarbitration, the court on just terms shall stay any judicial proceeding thatinvolves a claim alleged to be subject to the arbitration until the courtrenders a final decision under this section.

7. If the court orders arbitration, the court on justterms shall stay any judicial proceeding that involves a claim subject to thearbitration. If a claim subject to the arbitration is severable, the court maylimit the stay to that claim.

(Added to NRS by 2001, 1276)

NRS 38.222 Provisionalremedies.

1. Before an arbitrator is appointed and is authorizedand able to act, the court, upon motion of a party to an arbitral proceedingand for good cause shown, may enter an order for provisional remedies toprotect the effectiveness of the arbitral proceeding to the same extent andunder the same conditions as if the controversy were the subject of a civilaction.

2. After an arbitrator is appointed and is authorizedand able to act:

(a) The arbitrator may issue such orders forprovisional remedies, including interim awards, as he finds necessary toprotect the effectiveness of the arbitral proceeding and to promote the fairand expeditious resolution of the controversy, to the same extent and under thesame conditions as if the controversy were the subject of a civil action; and

(b) A party to an arbitral proceeding may move thecourt for a provisional remedy only if the matter is urgent and the arbitratoris not able to act timely or the arbitrator cannot provide an adequate remedy.

3. A party does not waive a right of arbitration bymaking a motion under subsection 1 or 2.

(Added to NRS by 2001, 1276)

NRS 38.223 Initiationof arbitration.

1. A person initiates an arbitral proceeding by givingnotice in a record to the other parties to the agreement to arbitrate in theagreed manner between the parties or, in the absence of agreement, by certifiedor registered mail, return receipt requested and obtained, or by service asauthorized for the commencement of a civil action. The notice must describe thenature of the controversy and the remedy sought.

2. Unless a person objects for lack or insufficiencyof notice under subsection 3 of NRS 38.231not later than the beginning of the arbitration hearing, by appearing at thehearing he waives any objection to lack of or insufficiency of notice.

(Added to NRS by 2001, 1277)

NRS 38.224 Consolidationof separate arbitration proceedings.

1. Except as otherwise provided in subsection 3, uponmotion 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 orsome of the claims if:

(a) There are separate agreements to arbitrate orseparate arbitral proceedings between the same persons or one of them is aparty to a separate agreement to arbitrate or a separate arbitral proceedingwith a third person;

(b) The claims subject to the agreements to arbitratearise in substantial part from the same transaction or series of relatedtransactions;

(c) The existence of a common issue of law or factcreates the possibility of conflicting decisions in the separate arbitralproceedings; and

(d) Prejudice resulting from a failure to consolidateis not outweighed by the risk of undue delay or prejudice to the rights of orhardship to parties opposing consolidation.

2. The court may order consolidation of separatearbitral proceedings as to some claims and allow other claims to be resolved inseparate arbitral proceedings.

3. The court may not order consolidation of the claimsof a party to an agreement to arbitrate if the agreement prohibitsconsolidation.

(Added to NRS by 2001, 1277)

NRS 38.226 Appointmentof arbitrator; service as neutral arbitrator.

1. If the parties to an agreement to arbitrate agreeon a method for appointing an arbitrator, that method must be followed, unlessthe method fails. If the parties have not agreed on a method, the agreed methodfails, or an arbitrator appointed fails or is unable to act and a successor hasnot 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 ofan arbitrator designated in the agreement to arbitrate or appointed pursuant tothe agreed method.

2. An individual who has a known, direct and materialinterest in the outcome of the arbitral proceeding or a known, existing andsubstantial relationship with a party may not serve as an arbitrator requiredby an agreement to be neutral.

(Added to NRS by 2001, 1277)

NRS 38.227 Disclosureby arbitrator.

1. Before accepting appointment, an individual who isrequested to serve as an arbitrator, after making a reasonable inquiry, shalldisclose to all parties to the agreement to arbitrate and arbitral proceedingand to any other arbitrators any known facts that a reasonable person wouldconsider likely to affect the impartiality of the arbitrator in the proceeding,including:

(a) A financial or personal interest in the outcome ofthe arbitral proceeding; and

(b) An existing or past relationship with any of theparties to the agreement to arbitrate or the arbitral proceeding, their counselor representatives, a witness or another arbitrator.

2. An arbitrator has a continuing obligation todisclose to all parties to the agreement to arbitrate and arbitral proceedingand to any other arbitrators any facts that he learns after acceptingappointment which a reasonable person would consider likely to affect theimpartiality of the arbitrator.

3. If an arbitrator discloses a fact required bysubsection 1 or 2 to be disclosed and a party timely objects to the appointmentor continued service of the arbitrator based upon the fact disclosed, theobjection may be a ground under paragraph (b) of subsection 1 of NRS 38.241 for vacating an award made bythe arbitrator.

4. If the arbitrator did not disclose a fact asrequired by subsection 1 or 2, upon timely objection by a party, the courtunder paragraph (b) of subsection 1 of NRS38.241 may vacate an award.

5. An arbitrator appointed as a neutral arbitrator whodoes not disclose a known, direct and material interest in the outcome of thearbitral proceeding or a known, existing and substantial relationship with aparty 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 tothe procedures of an arbitral organization or any other procedures forchallenges to arbitrators before an award is made, substantial compliance withthose procedures is a condition precedent to a motion to vacate an award onthat ground under paragraph (b) of subsection 1 of NRS 38.241.

(Added to NRS by 2001, 1277)

NRS 38.228 Actionby majority. If there are two or morearbitrators, the powers of an arbitrator must be exercised by a majority of thearbitrators, but all of them shall conduct the hearing under subsection 3 of NRS 38.231.

(Added to NRS by 2001, 1278)

NRS 38.229 Immunityof arbitrator; competency to testify; attorneys fees and costs.

1. An arbitrator or an arbitral organization acting inthat capacity is immune from civil liability to the same extent as a judge of acourt of this State acting in a judicial capacity.

2. The immunity afforded by this section supplementsany immunity under other law.

3. The failure of an arbitrator to make a disclosurerequired by NRS 38.227 does not causeany loss of immunity under this section.

4. In a judicial, administrative or similarproceeding, an arbitrator or representative of an arbitral organization is notcompetent to testify, and may not be required to produce records as to anystatement, conduct, decision or ruling occurring during the arbitralproceeding, to the same extent as a judge of a court of this State acting in ajudicial capacity. This subsection does not apply:

(a) To the extent necessary to determine the claim ofan arbitrator, arbitral organization or representative of the arbitralorganization against a party to the arbitral proceeding; or

(b) To a hearing on a motion to vacate an award underparagraph (a) or (b) of subsection 1 of NRS38.241 if the movant establishes prima facie that a ground for vacating theaward exists.

5. If a person commences a civil action against anarbitrator, arbitral organization or representative of an arbitral organizationarising from the services of the arbitrator, organization or representative orif a person seeks to compel an arbitrator or a representative of an arbitralorganization to testify or produce records in violation of subsection 4, andthe court decides that the arbitrator, arbitral organization or representativeis immune from civil liability or that the arbitrator or representative is notcompetent to testify, the court shall award to the arbitrator, organization orrepresentative reasonable attorneys fees and other reasonable expenses oflitigation.

(Added to NRS by 2001, 1278)

NRS 38.231 Arbitrationprocess.

1. An arbitrator may conduct an arbitration in suchmanner as he considers appropriate for a fair and expeditious disposition ofthe proceeding. The authority conferred upon the arbitrator includes the powerto hold conferences with the parties to the arbitral proceeding before thehearing and, among other matters, determine the admissibility, relevance,materiality and weight of any evidence.

2. An arbitrator may decide a request for summarydisposition of a claim or particular issue:

(a) If all interested parties agree; or

(b) Upon request of one party to the arbitralproceeding 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 atime and place and give notice of the hearing not less than 5 days before thehearing begins. Unless a party to the arbitral proceeding makes an objection tolack 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 tothe 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 maynot postpone the hearing to a time later than that fixed by the agreement toarbitrate for making the award unless the parties to the arbitral proceedingconsent to a later date. The arbitrator may hear and decide the controversyupon the evidence produced although a party who was duly notified of thearbitral proceeding did not appear. The court, on request, may direct thearbitrator to conduct the hearing promptly and render a timely decision.

4. At a hearing held under subsection 3, a party tothe arbitral proceeding has a right to be heard, to present evidence materialto the controversy and to cross-examine witnesses appearing at the hearing.

5. If an arbitrator ceases or is unable to act duringan arbitral proceeding, a replacement arbitrator must be appointed inaccordance with NRS 38.226 to continuethe proceeding and to resolve the controversy.

(Added to NRS by 2001, 1279)

NRS 38.232 Representationby lawyer. A party to an arbitral proceedingmay be represented by a lawyer.

(Added to NRS by 2001, 1279)

NRS 38.233 Witnesses;subpoenas; depositions; discovery.

1. An arbitrator may issue a subpoena for theattendance of a witness and for the production of records and other evidence atany hearing and may administer oaths. A subpoena must be served in the mannerfor service of subpoenas in a civil action and, upon motion to the court by aparty to the arbitral proceeding or the arbitrator, enforced in the manner forenforcement of subpoenas in a civil action.

2. To make the proceedings fair, expeditious and costeffective, 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 asevidence at the hearing, including a witness who cannot be subpoenaed for or isunable to attend a hearing. The arbitrator shall determine the conditions underwhich the deposition is taken.

3. An arbitrator may permit such discovery as hedecides is appropriate in the circumstances, taking into account the needs ofthe parties to the arbitral proceeding and other affected persons and thedesirability of making the proceeding fair, expeditious and cost effective.

4. If an arbitrator permits discovery under subsection3, he may order a party to the arbitral proceeding to comply with thearbitrators orders related to discovery, issue subpoenas for the attendance ofa witness and for the production of records and other evidence at a proceedingfor discovery, and take action against a noncomplying party to the extent acourt could if the controversy were the subject of a civil action in thisState.

5. An arbitrator may issue a protective order toprevent the disclosure of privileged information, confidential information,trade secrets and other information protected from disclosure to the extent acourt could if the controversy were the subject of a civil action in thisState.

6. All laws compelling a person under subpoena totestify and all fees for attending a judicial proceeding, a deposition or aproceeding for discovery as a witness apply to an arbitral proceeding as if thecontroversy were the subject of a civil action in this State.

7. The court may enforce a subpoena or order relatedto discovery for the attendance of a witness within this State and for theproduction of records and other evidence issued by an arbitrator in connectionwith an arbitral proceeding in another state upon conditions determined by thecourt so as to make the arbitral proceeding fair, expeditious and costeffective. A subpoena or order related to discovery issued by an arbitrator inanother state must be served in the manner provided by rule of court for serviceof subpoenas in a civil action in this State and, upon motion to the court by aparty to the arbitral proceeding or the arbitrator, enforced in the mannerprovided by rule of court for enforcement of subpoenas in a civil action inthis State.

(Added to NRS by 2001, 1279)

NRS 38.234 Judicialenforcement of preaward ruling by arbitrator. Ifan arbitrator makes a preaward ruling in favor of a party to an arbitralproceeding, the party may request the arbitrator to incorporate the ruling intoan award under NRS 38.236. A prevailingparty may make a motion to the court for an expedited order to confirm theaward under NRS 38.239, in which case thecourt shall summarily decide the motion. The court shall issue an order toconfirm the award unless the court vacates, modifies or corrects the awardunder NRS 38.241 or 38.242.

(Added to NRS by 2001, 1280)

NRS 38.236 Award.

1. An arbitrator shall make a record of an award. Therecord must be signed or otherwise authenticated by an arbitrator who concurswith the award. The arbitrator or the arbitral organization shall give noticeof the award, including a copy of the award, to each party to the arbitralproceeding.

2. An award must be made within the time specified bythe agreement to arbitrate or, if not specified therein, within the timeordered by the court. The court may extend or the parties to the arbitralproceeding may agree in a record to extend the time. The court or the parties maydo so within or after the time specified or ordered. A party waives anyobjection that an award was not timely made unless he gives notice of theobjection to the arbitrator before receiving notice of the award.

(Added to NRS by 2001, 1280)

NRS 38.237 Changeof award by arbitrator.

1. On motion to an arbitrator by a party to anarbitral proceeding, the arbitrator may modify or correct an award:

(a) Upon a ground stated in paragraph (a) or (c) ofsubsection 1 of NRS 38.242;

(b) Because the arbitrator has not made a final anddefinite 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 noticegiven to all parties within 20 days after the movant receives notice of theaward.

3. A party to the arbitral proceeding must give noticeof 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 modifyor correct the award:

(a) Upon a ground stated in paragraph (a) or (c) ofsubsection 1 of NRS 38.242;

(b) Because the arbitrator has not made a final anddefinite award upon a claim submitted by the parties to the arbitralproceeding; or

(c) To clarify the award.

5. An award modified or corrected pursuant to thissection is subject to subsection 1 of NRS38.236 and to NRS 38.239, 38.241 and 38.242.

(Added to NRS by 2001, 1281)

NRS 38.238 Remedies;fees and expenses of arbitration proceeding.

1. An arbitrator may award reasonable attorneys feesand other reasonable expenses of arbitration if such an award is authorized bylaw in a civil action involving the same claim or by the agreement of theparties to the arbitral proceeding.

2. As to all remedies other than those authorized bysubsection 1, an arbitrator may order such remedies as he considers just andappropriate under the circumstances of the arbitral proceeding. The fact thatsuch a remedy could not or would not be granted by the court is not a groundfor refusing to confirm an award under NRS38.239 or for vacating an award under NRS38.241.

3. An arbitrators expenses and fees, together withother expenses, must be paid as provided in the award.

(Added to NRS by 2001, 1281)

NRS 38.239 Confirmationof award. After a party to an arbitralproceeding receives notice of an award, he may make a motion to the court foran order confirming the award at which time the court shall issue a confirmingorder 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)

NRS 38.241 Vacatingaward.

1. Upon motion to the court by a party to an arbitralproceeding, the court shall vacate an award made in the arbitral proceeding if:

(a) The award was procured by corruption, fraud orother undue means;

(b) There was:

(1) Evident partiality by an arbitratorappointed as a neutral arbitrator;

(2) Corruption by an arbitrator; or

(3) Misconduct by an arbitrator prejudicing therights of a party to the arbitral proceeding;

(c) An arbitrator refused to postpone the hearing uponshowing of sufficient cause for postponement, refused to consider evidencematerial to the controversy, or otherwise conducted the hearing contrary to NRS 38.231, so as to prejudice substantiallythe rights of a party to the arbitral proceeding;

(d) An arbitrator exceeded his powers;

(e) There was no agreement to arbitrate, unless themovant participated in the arbitral proceeding without raising the objectionunder subsection 3 of NRS 38.231 notlater than the beginning of the arbitral hearing; or

(f) The arbitration was conducted without proper noticeof the initiation of an arbitration as required in NRS 38.223 so as to prejudice substantiallythe rights of a party to the arbitral proceeding.

2. A motion under this section must be made within 90days after the movant receives notice of the award pursuant to NRS 38.236 or within 90 days after he receivesnotice of a modified or corrected award pursuant to NRS 38.237, unless he alleges that theaward was procured by corruption, fraud or other undue means, in which case themotion must be made within 90 days after the ground is known or by the exerciseof reasonable care would have been known by the movant.

3. If the court vacates an award on a ground otherthan 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) ofsubsection 1, the rehearing must be before a new arbitrator. If the award isvacated on a ground stated in paragraph (c), (d) or (f) of subsection 1, therehearing may be before the arbitrator who made the award or his successor. Thearbitrator must render the decision in the rehearing within the same time asthat provided in subsection 2 of NRS 38.236for an award.

4. If the court denies a motion to vacate an award, itshall confirm the award unless a motion to modify or correct the award ispending.

(Added to NRS by 2001, 1281)

NRS 38.242 Modificationor correction of award.

1. Upon motion made within 90 days after the movantreceives notice of the award pursuant to NRS38.236 or within 90 days after he receives notice of a modified orcorrected award pursuant to NRS 38.237,the court shall modify or correct the award if:

(a) There was an evident mathematical miscalculation oran evident mistake in the description of a person, thing or property referredto in the award;

(b) The arbitrator has made an award on a claim notsubmitted to him and the award may be corrected without affecting the merits ofthe decision upon the claims submitted; or

(c) The award is imperfect in a matter of form notaffecting the merits of the decision on the claims submitted.

2. If a motion made under subsection 1 is granted, thecourt shall modify or correct and confirm the award as modified or corrected.Otherwise, unless a motion to vacate is pending, the court shall confirm theaward.

3. A motion to modify or correct an award pursuant tothis section may be joined with a motion to vacate the award.

(Added to NRS by 2001, 1282)

NRS 38.243 Judgmenton award; attorneys fees and litigation expenses.

1. Upon granting an order confirming, vacating withoutdirecting a rehearing, modifying or correcting an award, the court shall entera judgment in conformity therewith. The judgment may be recorded, docketed andenforced as any other judgment in a civil action.

2. A court may allow reasonable costs of the motionand subsequent judicial proceedings.

3. On application of a prevailing party to a contestedjudicial proceeding under NRS 38.239, 38.241 or 38.242,the court may add reasonable attorneys fees and other reasonable expenses oflitigation incurred in a judicial proceeding after the award is made to ajudgment confirming, vacating without directing a rehearing, modifying orcorrecting an award.

(Added to NRS by 2001, 1282)

NRS 38.244 Jurisdiction.

1. A court of this state having jurisdiction over thecontroversy and the parties may enforce an agreement to arbitrate.

2. An agreement to arbitrate providing for arbitrationin this state confers exclusive jurisdiction on the court to enter judgment onan award under NRS 38.206 to 38.248, inclusive.

(Added to NRS by 2001, 1283)

NRS 38.246 Venue. A motion pursuant to NRS38.218 must be made in the court of the county in which the agreement toarbitrate specifies the arbitration hearing is to be held or, if the hearinghas been held, in the court of the county in which it was held. Otherwise, themotion may be made in the court of any county in which an adverse party residesor has a place of business or, if no adverse party has a residence or place ofbusiness in this State, in the court of any county in this State. All subsequentmotions must be made in the court hearing the initial motion unless the courtotherwise directs.

(Added to NRS by 2001, 1283)

NRS 38.247 Appeals.

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 anaward;

(d) An order modifying or correcting an award;

(e) An order vacating an award without directing arehearing; 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 froman order or a judgment in a civil action.

(Added to NRS by 2001, 1283)

NRS 38.248 Uniformityof application and construction. In applyingand construing this Uniform Act, consideration must be given to the need topromote uniformity of the law with respect to its subject matter among statesthat enact it.

(Added to NRS by 2001, 1283)

ARBITRATION OF ACTIONS IN DISTRICT COURTS AND JUSTICECOURTS

NRS 38.250 Nonbindingarbitration of certain civil actions filed in district court required;nonbinding arbitration of certain civil actions filed in Justice Courtauthorized; effect of certain agreements by parties to use other alternativemethods of resolving disputes.

1. Except as otherwise provided in NRS 38.310:

(a) All civil actions filed in district court fordamages, if the cause of action arises in the State of Nevada and the amount inissue does not exceed $50,000 per plaintiff, exclusive of attorneys fees,interest and court costs, must be submitted to nonbinding arbitration inaccordance with the provisions of NRS 38.250to 38.259, inclusive, unless the partieshave agreed or are otherwise required to submit the action to an alternativemethod 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 Courtmay be submitted to binding arbitration or to an alternative method ofresolving disputes, including, without limitation, a settlement conference ormediation, if the parties agree to the submission.

2. An agreement entered into pursuant to this sectionmust be:

(a) Entered into at the time of the dispute and not bea part of any previous agreement between the parties;

(b) In writing; and

(c) Entered into knowingly and voluntarily.

An agreemententered into pursuant to this section that does not comply with therequirements set forth in this subsection is void.

3. As used in this section, short trial means atrial that is conducted, with the consent of the parties to the action, in accordancewith procedures designed to limit the length of the trial, including, withoutlimitation, 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 limiton 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)

NRS 38.253 Adoptionof rules by Supreme Court; training; administration by district courts; fees;arbitrator deemed employee of court for certain purposes.

1. The Supreme Court shall adopt rules to provide forthe establishment of a program of arbitration pursuant to NRS 38.250.

2. The Supreme Court, in association with the StateBar of Nevada or other organizations, shall provide training in arbitration forattorneys and nonattorneys.

3. The district courts in each judicial district shalladminister the program in their respective districts in accordance with therules adopted by Supreme Court.

4. The Supreme Court may:

(a) Charge each person who applies for training as anarbitrator an application fee.

(b) Charge a fee to cover the cost of the trainingprograms.

5. For the purposes of NRS 41.0305 to 41.039, inclusive, a person serving as anarbitrator shall be deemed an employee of the court while in the performance ofhis duties under the program.

(Added to NRS by 1991, 1343; A 1993, 1024)

NRS 38.255 Guidelinesfor establishment of programs for arbitration; duty of Supreme Court to submitreport concerning programs.

1. The rules adopted by the Supreme Court pursuant to NRS 38.253 to provide guidelines for theestablishment by a district court of a program must include provisions for a:

(a) Mandatory program for the arbitration of civilactions pursuant to NRS 38.250.

(b) Voluntary program for the arbitration of civilactions if the cause of action arises in the State of Nevada and the amount inissue exceeds $50,000 per plaintiff, exclusive of attorneys fees, interest andcourt costs.

(c) Voluntary program for the use of bindingarbitration in all civil actions.

2. The rules must provide that the district court ofany 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 ifthe amount in issue exceeds $50,000 per plaintiff, exclusive of attorneysfees, interest and court costs.

The rulesmay provide for similar programs for the other judicial districts.

3. The rules must exclude the following from anyprogram of mandatory arbitration:

(a) Actions in which the amount in issue, excludingattorneys fees, interest and court costs, is more than $50,000 or less thanthe 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 domesticrelations;

(i) Actions brought for relief based on anyextraordinary writs;

(j) Actions for the judicial review of anadministrative decision;

(k) Actions in which the parties, pursuant to a writtenagreement executed before the accrual of the cause of action or pursuant torules adopted by the Supreme Court, have submitted the controversy toarbitration or any other alternative method for resolving a dispute;

(l) Actions that present unusual circumstances thatconstitute good cause for removal from the program;

(m) Actions in which any of the parties isincarcerated; and

(n) Actions submitted to mediation pursuant to rulesadopted by the Supreme Court.

4. The rules must include:

(a) Provisions for the payment of fees to an arbitratorwho is appointed to hear a case pursuant to the rules. The rules must providethat an arbitrator must be compensated at a rate of $100 per hour, to a maximumof $1,000 per case, unless otherwise authorized by the arbitration commissionerfor good cause shown.

(b) Guidelines for the award of attorneys fees andmaximum limitations on the costs to the parties of the arbitration.

(c) Disincentives to appeal.

(d) Provisions for trial upon the exercise by eitherparty of his right to a trial anew after the arbitration.

5. The Supreme Court shall, on or before February 1 ofeach odd-numbered year, submit a report to the Director of the LegislativeCounsel Bureau for transmittal to the Chairmen of the Assembly and SenateStanding Committees on Judiciary. The report must include, for the period sincethe previous such report, if any:

(a) A listing of the number of actions which weresubmitted to arbitration or other alternative methods of resolving disputespursuant to NRS 38.250 or 38.258 and their manner of disposition;

(b) A statement of the amount of money collected in eachjudicial district pursuant to NRS 19.0315and a summary of the manner in which the fees were expended; and

(c) Any recommendations for legislation or otherinformation regarding the programs on arbitration deemed relevant by theSupreme Court.

(Added to NRS by 1983, 1232; A 1991, 1344; 1995,2537; 2001, 542; 2005, 392)

NRS 38.257 Adoptionof rules by Supreme Court for establishment of mandatory short trial programfor civil cases in Justice Courts. Repealed. (See chapter 122, Statutes of Nevada 2005,at page 395.)

 

NRS 38.258 Useof other alternative methods of resolving disputes; adoption of rules bySupreme Court.

1. The Supreme Court may authorize the use ofsettlement conferences and other alternative methods of resolving disputes,including, without limitation, mediation and a short trial, that are availablein the county in which a district court is located:

(a) In lieu of submitting an action to nonbindingarbitration pursuant to NRS 38.250; or

(b) During or following such nonbinding arbitration ifthe parties agree that the use of any such alternative methods of resolvingdisputes would assist in the resolution of the dispute.

2. If the Supreme Court authorizes the use of analternative method of resolving disputes pursuant to subsection 1, the SupremeCourt shall adopt rules and procedures to govern the use of any such method.

3. As used in this section, short trial has themeaning ascribed to it in NRS 38.250.

(Added to NRS by 1991, 1344; A 1999, 1380; 2005, 393)

NRS 38.259 Certainwritten findings concerning arbitration required; admissibility of suchfindings at trial anew before jury; instructions to jury.

1. If an action is submitted to arbitration inaccordance with the provisions of NRS 38.250to 38.259, inclusive, the arbitrator orpanel of arbitrators shall, in addition to any other written findings of factor conclusions of law, make written findings in accordance with this subsectionconcerning each cause of action. The written findings must be in substantiallythe following form, with panel of arbitrators being substituted forarbitrator when appropriate:

 

Based upon the evidencepresented at the arbitration hearing concerning the cause of action for................, the arbitrator finds in favor of ................(name of theparty) 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 inaccordance with the provisions of NRS 38.250to 38.259, inclusive, and, afterarbitration, a party requests a trial anew before a jury:

(a) The written findings made by the arbitrator or thepanel of arbitrators pursuant to subsection 1 must be admitted at trial. Thetestimony of the arbitrator or arbitrators, whenever taken, must not beadmitted at trial, and the arbitrator or arbitrators must not be deposed orcalled to testify concerning the arbitration. Any other evidence concerning thearbitration must not be admitted at trial, unless the admission of suchevidence is required by the Constitution of this State or the Constitution ofthe United States.

(b) The court shall give the following instruction tothe jury concerning the action, substituting panel of arbitrators forarbitrator when appropriate:

 

During the course of thistrial, 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 inthe amount of $................ or did not award any damages on that cause ofaction). The findings of the arbitrator may be given the same weight as otherevidence or may be disregarded. However, you must not give those findings undueweight because they were made by an arbitrator, and you must not use thefindings of the arbitrator as a substitute for your independent judgment. Youmust weigh all the evidence that was presented at trial and arrive at aconclusion based upon your own determination of the cause of action.

 

3. The court shall give a separate instructionpursuant to paragraph (b) of subsection 2 for each such cause of action that istried before a jury.

(Added to NRS by 1999, 851)

MEDIATION AND ARBITRATION OF CLAIMS RELATING TO RESIDENTIALPROPERTY WITHIN COMMON-INTEREST COMMUNITY

NRS 38.300 Definitions. As used in NRS 38.300to 38.360, inclusive, unless the contextotherwise requires:

1. Assessments means:

(a) Any charge which an association may impose againstan owner of residential property pursuant to a declaration of covenants,conditions and restrictions, including any late charges, interest and costs ofcollecting the charges; and

(b) Any penalties, fines, fees and other charges whichmay 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 damagesor equitable relief. The term does not include an action in equity forinjunctive relief in which there is an immediate threat of irreparable harm, oran action relating to the title to residential property.

4. Division means the Real Estate Division of theDepartment of Business and Industry.

5. Residential property includes, but is not limitedto, real estate within a planned community subject to the provisions of chapter 116 of NRS. The term does not includecommercial property if no portion thereof contains property which is used forresidential purposes.

(Added to NRS by 1995, 1416; A 2003, 2251, 2274)

NRS 38.310 Limitationson commencement of certain civil actions.

1. No civil action based upon a claim relating to:

(a) The interpretation, application or enforcement ofany covenants, conditions or restrictions applicable to residential property orany bylaws, rules or regulations adopted by an association; or

(b) The procedures used for increasing, decreasing orimposing additional assessments upon residential property,

may becommenced in any court in this state unless the action has been submitted tomediation or arbitration pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and, if the civil actionconcerns real estate within a planned community subject to the provisions of chapter 116 of NRS, all administrative proceduresspecified in any covenants, conditions or restrictions applicable to theproperty or in any bylaws, rules and regulations of an association have beenexhausted.

2. A court shall dismiss any civil action which iscommenced in violation of the provisions of subsection 1.

(Added to NRS by 1995, 1417; A 1997, 526)

NRS 38.320 Submissionof claim for mediation or arbitration; contents of claim; fees; service ofclaim; written answer.

1. Any civil action described in NRS 38.310 must be submitted for mediationor arbitration by filing a written claim with the Division. The claim mustinclude:

(a) The complete names, addresses and telephone numbersof all parties to the claim;

(b) A specific statement of the nature of the claim;

(c) A statement of whether the person wishes to havethe claim submitted to a mediator or to an arbitrator. If the person wishes tohave the claim submitted to an arbitrator, whether he agrees to bindingarbitration; and

(d) Such other information as the Division may require.

2. The written claim must be accompanied by a reasonablefee as determined by the Division.

3. Upon the filing of the written claim, the claimantshall serve a copy of the claim in the manner prescribed in Rule 4 of theNevada Rules of Civil Procedure for the service of a summons and complaint. Theclaim so served must be accompanied by a statement explaining the proceduresfor mediation and arbitration set forth in NRS38.300 to 38.360, inclusive.

4. Upon being served pursuant to subsection 3, theperson upon whom a copy of the written claim was served shall, within 30 daysafter the date of service, file a written answer with the Division. The answermust be accompanied by a reasonable fee as determined by the Division.

(Added to NRS by 1995, 1417)

NRS 38.330 Procedurefor mediation or arbitration of claim; payment of costs and fees upon failureto obtain a more favorable award or judgment in court.

1. If all parties named in a written claim filedpursuant to NRS 38.320 agree to have theclaim submitted for mediation, the parties shall reduce the agreement towriting and shall select a mediator from the list of mediators maintained bythe Division pursuant to NRS 38.340. Anymediator selected must be available within the geographic area. If the partiesfail to agree upon a mediator, the Division shall appoint a mediator from thelist of mediators maintained by the Division. Any mediator appointed must beavailable within the geographic area. Unless otherwise provided by an agreementof the parties, mediation must be completed within 60 days after the partiesagree to mediation. Any agreement obtained through mediation conducted pursuantto this section must, within 20 days after the conclusion of mediation, bereduced to writing by the mediator and a copy thereof provided to each party. Theagreement may be enforced as any other written agreement. Except as otherwiseprovided in this section, the parties are responsible for all costs ofmediation conducted pursuant to this section.

2. If all the parties named in the claim do not agreeto mediation, the parties shall select an arbitrator from the list ofarbitrators maintained by the Division pursuant to NRS 38.340. Any arbitrator selected must beavailable within the geographic area. If the parties fail to agree upon anarbitrator, the Division shall appoint an arbitrator from the list maintainedby the Division. Any arbitrator appointed must be available within thegeographic area. Upon appointing an arbitrator, the Division shall provide thename of the arbitrator to each party.

3. The Division may provide for the payment of thefees for a mediator or an arbitrator selected or appointed pursuant to thissection from the Account for Common-Interest Communities created by NRS 116.630, to the extent that:

(a) The Commission for Common-Interest Communitiesapproves the payment; and

(b) There is money available in the account for thispurpose.

4. Except as otherwise provided in this section andexcept where inconsistent with the provisions of NRS 38.300 to 38.360, inclusive, the arbitration of aclaim pursuant to this section must be conducted in accordance with theprovisions of NRS 38.231, 38.232, 38.233,38.236 to 38.239, inclusive, 38.242 and 38.243. At any time during the arbitrationof a claim relating to the interpretation, application or enforcement of anycovenants, conditions or restrictions applicable to residential property or anybylaws, rules or regulations adopted by an association, the arbitrator mayissue an order prohibiting the action upon which the claim is based. An awardmust be made within 30 days after the conclusion of arbitration, unless ashorter period is agreed upon by the parties to the arbitration.

5. If all the parties have agreed to nonbindingarbitration, any party to the arbitration may, within 30 days after a decisionand award have been served upon the parties, commence a civil action in theproper court concerning the claim which was submitted for arbitration. Anycomplaint filed in such an action must contain a sworn statement indicatingthat the issues addressed in the complaint have been arbitrated pursuant to theprovisions of NRS 38.300 to 38.360, inclusive. If such an action is notcommenced within that period, any party to the arbitration may, within 1 yearafter the service of the award, apply to the proper court for a confirmation ofthe award pursuant to NRS 38.239.

6. If all the parties agree in writing to bindingarbitration, the arbitration must be conducted in accordance with theprovisions of this chapter. An award procured pursuant to such arbitration maybe vacated and a rehearing granted upon application of a party pursuant to theprovisions of NRS 38.241.

7. If, after the conclusion of arbitration, a party:

(a) Applies to have an award vacated and a rehearinggranted pursuant to NRS 38.241; or

(b) Commences a civil action based upon any claim whichwas the subject of arbitration,

the partyshall, if he fails to obtain a more favorable award or judgment than that whichwas obtained in the initial arbitration, pay all costs and reasonableattorneys fees incurred by the opposing party after the application for arehearing was made or after the complaint in the civil action was filed.

8. Upon request by a party, the Division shall providea statement to the party indicating the amount of the fees for a mediator or anarbitrator selected or appointed pursuant to this section.

9. As used in this section, geographic area means anarea within 150 miles from any residential property or association which is thesubject 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)

NRS 38.340 Dutiesof Division: Maintenance of list of mediators and arbitrators; establishment ofexplanatory document. For the purposes of NRS 38.300 to 38.360, inclusive, the Division shallestablish and maintain:

1. A list of mediators and arbitrators who areavailable for mediation and arbitration of claims. The list must includemediators and arbitrators who, as determined by the Division, have receivedtraining and experience in mediation or arbitration and in the resolution ofdisputes concerning associations, including, without limitation, theinterpretation, application and enforcement of covenants, conditions andrestrictions pertaining to residential property and the articles ofincorporation, bylaws, rules and regulations of an association. In establishingand maintaining the list, the Division may use lists of qualified personsmaintained by any organization which provides mediation or arbitrationservices. Before including a mediator or arbitrator on a list established andmaintained pursuant to this section, the Division may require the mediator orarbitrator to present proof satisfactory to the Division that he has receivedthe training and experience required for mediators or arbitrators pursuant tothis section.

2. A document which contains a written explanation ofthe procedures for mediating and arbitrating claims pursuant to NRS 38.300 to 38.360, inclusive.

(Added to NRS by 1995, 1419)

NRS 38.350 Statuteof limitations tolled. Any statute oflimitations applicable to a claim described in NRS 38.310 is tolled from the time theclaim is submitted for mediation or arbitration pursuant to NRS 38.320 until the conclusion ofmediation or arbitration of the claim and the period for vacating the award hasexpired.

(Added to NRS by 1995, 1419)

NRS 38.360 Administrationof provisions by Division; regulations; fees.

1. The Division shall administer the provisions of NRS 38.300 to 38.360, inclusive, and may adopt suchregulations as are necessary to carry out those provisions.

2. All fees collected by the Division pursuant to theprovisions of NRS 38.300 to 38.360, inclusive, must be accounted forseparately and may only be used by the Division to administer the provisions ofNRS 38.300 to 38.360, inclusive.

(Added to NRS by 1995, 1419)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.