The Federal Arbitration Act (“FAA”), which has been the law in the United States since 1925, preempts any state law that disfavors the ability of two parties to contractually bind themselves to arbitrate a dispute. Since 2013, Nevada law has required that any contract containing an arbitration provision must include a “specific authorization for the provision… Continue reading Nevada Supreme Court Strikes Down Statute Requiring “Special Authorization” for Arbitration Provision in Contract
Most questions regarding the enforceability of arbitration obligations begin with the Federal Arbitration Act, 9 U.S.C. §1 et seq.
According to Russell Korobkin, “Psychological Impediments to Mediation Success,” 21 Ohio St. J. on Disp. Resolution
In a unanimous decision authored by Justice Kavanaugh, the U.S. Supreme Court held that under the Federal Arbitration Act (“FAA”), “when the parties’ contract delegates
Parties subject to an arbitration agreement may challenge whether a particular arbitrator may hear a matter. If the contract does not specify particular arbitral rules (AAA or JAMs, for instance), then the parties must rely on the laws of the place of the arbitration to determine the circumstances under which an arbitrator may challenged. Under… Continue reading Grounds for Challenging an Arbitrator Under AAA and JAMS Rules
A Digest In General Mere error in the application of the law is not grounds to vacate an arbitration award. Bohlmann v. Byron John Printz and Ash, Inc., 96 P.3d 1155, 120 Nev. 543 (2004). An arbitrator manifestly disregards the law, so as to require vacation of arbitration award, when he or she recognizes that… Continue reading Cases Interpreting NRS 38.241 Vacatur of Arbitrator Award—A Digest
What do you do if you feel that the arbitrator appointed to hear your dispute isn’t providing a fair and impartial atmosphere in which your matter can be heard?
Motions to Vacate Modify, Correct, or Modify an Arbitration Award The United States Supreme Court established over 160 years ago that courts in the U.S. will not set aside an arbitration for error in law or fact. The Supreme Court held then that if an arbitrator has “given their honest, incorrupt judgment on the subject-matters… Continue reading Motions to Vacate, Modify, or Correct an Arbitration Award
Once a party has prevailed in arbitration, they may wish to enforce the award. The prevailing party must file a motion with the appropriate court (either federal or state court depending on the circumstances). The Federal Arbitration Act (“FAA”) (9 U.S.C. § 9) or the Nevada Uniform Arbitration Act (NRS 38.239) will determine the appropriate court where… Continue reading Enforcing an Arbitration Award; Motion to Confirm
Nevada Revised Statutes: CHAPTER 38 – MEDIATION AND ARBITRATION CHAPTER 38 – MEDIATION AND ARBITRATION UNIFORM ARBITRATION ACT OF 2000 NRS 38.206 Short title. NRS 38.207 Definitions. NRS 38.208 “Arbitral organization” defined. NRS 38.209 “Arbitrator” defined. NRS 38.211 “Court” defined. NRS 38.212 “Knowledge” defined. NRS 38.213 “Record” defined. NRS 38.214 Notice. NRS 38.216 Applicability. NRS 38.217 Waiver of requirements or variance of effects of… Continue reading Nevada’s Uniform Arbitration Act of 2000
Sample Form Motion to Compel Arbitration POINTS AND AUTHORITIES This motion seeks an order from this honorable Court compelling arbitration of all matters between ____________________. The Parties entered into a written agreement on _____________ requiring arbitration of their disputes. _________ asks the Court to compel compliance with that agreement pursuant to the Federal Arbitration Act,… Continue reading Model Motion to Compel Arbitration
This Article is designed to provide a litigant with the basis in law to file a motion to compel arbitration in Federal Court where a party to an arbitration agreement has refused to honor the agreement to arbitrate or has filed a lawsuit in court instead of initiating arbitration. The Federal Arbitration Act, 9 U.S.C.… Continue reading Moving to Compel Arbitration in Federal Court