What is Alternative Dispute Resolution (ADR)? Nevada Law Defines “Arbitrator” Is My Arbitration Confidential? Statutory Schemes Governing Arbitration Revised Uniform Arbitration Act of 2000 (“RUAA”) An Overview of the Federal Arbitration Act Nevada Statutes Requiring Court-annexed Arbitration Program Arbitration Rules Comparison of AAA and JAMS Arbitration Rules Grounds for Challenging an Arbitrator Under AAA and… Continue reading Nevada Arbitration Toolbox
NOTE: In MMAWC, LLC v. Zion Wood Obiu Wan Trust, 135 Nev. Adv. Op. 38, __ P.3d __ (2019), the Nevada Supreme Court ruled that NRS 597.995 is preempted by the FAA. Are you certain you have and enforceable arbitration agreement in Nevada? In this 2016 post, we discussed Nevada Revised Statute 597.995’s peculiarly-worded requirement that… Continue reading Is Your Arbitration Agreement Void, or Enforceable in Nevada?
Sample Memorandum of Understanding of Settlement at Mediation Ever get to the end of a mediation and realize that this may be your only chance to memorialize an agreement with the other side without them trying to change the terms of the deal afterward? Take the handy Memorandum of Understanding* (shown below) to your mediation… Continue reading Model Memorandum of Understanding of Settlement at Mediation
For large, complex arbitration, some parties negotiate for and require three arbitrators to hear their dispute. The problem with this approach, according to the American Arbitration Association (the “AAA”), is that three-arbitrator panels cost the parties on average 5 times as much as a single arbitrator case. The AAA suggests there may be a more cost efficient… Continue reading The American Arbitration Association Changes its Three-Arbitrator Panel Rules. Will the Change Reduce Runaway Costs?
An opinion recently issued by the 9th Circuit illustrates the power of a well-crafted arbitration agreement to control one’s litigation needs. The case is Mohamed v. Uber Technologies, Inc. It stands for the propositions that: 1) an arbitration agreement may delegate the question of arbitrability to an arbitrator despite federal policy that courts should decide… Continue reading The Lesson Transactional Attorneys Can Learn From Mohamed v. Uber: How to Draft a Better Arbitration Clause
10.7.19 update: In MMAWC, LLC v. Zion Wood Obiu Wan Trust, 135 Nev. Adv. Op. 38, __ P.3d __ (2019), the Nevada Supreme Court ruled that NRS 597.995 is preempted by the FAA. UPDATE NOTATION: See Is Your Arbitration Agreement Void, or Enforceable Nevada? for an important update on this topic. In 2013, Nevada’s legislature passed… Continue reading Is Your Arbitration Agreement Enforceable in Nevada?
In WPH Architecture, Inc. v. Vegas VP, __ P.3d __, 131 Adv. Op. 88 (Nev. Nov. 5, 2015), the Nevada Supreme Court held that Rule 68 Offers of Judgment, together with statutes allowing offers of judgment in Nevada, “are substantive laws that apply to the arbitration proceedings in the current case.” In this case, the contract between… Continue reading Nevada Supreme Court Rules That Offers of Judgment Apply in Arbitration
The Federal Arbitration Act, 9 U.S.C. §1 et seq. (the “FAA”), governs the enforcement of arbitration agreements. 9 U.S.C. §§ 1-2; Prima Paint Corp. v. Flood & Conklin Mfg. Co., 398 U.S. 395, 402 (1967). The FAA established a national public policy favoring arbitration. AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 1745 (2011)). … Continue reading An Overview of the Federal Arbitration Act
Nevada Revised Statutes, NRS 38.209 “Arbitrator” defined. “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)
MEDIATION AND ARBITRATION OF CLAIMS RELATING TO RESIDENTIAL PROPERTY WITHIN COMMON-INTEREST COMMUNITY NRS 38.300 Definitions. 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… Continue reading Mediation and Arbitration of Claims Related to Residential Property Within Common-Interest Community (HOA)
ARBITRATION OF ACTIONS IN DISTRICT COURTS AND JUSTICE COURTS NRS 38.250 Nonbinding arbitration of certain civil actions filed in district court required; nonbinding arbitration of certain civil actions filed in justice court authorized; effect of certain agreements by parties to use other alternative methods of resolving disputes. 1. Except as otherwise provided in NRS 38.310: (a) All civil… Continue reading Arbitration of Actions in District Courts and Justice Courts in Nevada
NEVADA REVISED STATUTES 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 requirements; exceptions. NRS 38.218 Application for judicial relief;… Continue reading Nevada Statutes on Mediation and Arbitration