(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 336
Senate Bill No. 336–Committee on Judiciary
March 13, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Adopts revised Uniform Arbitration Act. (BDR 3‑1343)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to arbitration; adopting the revision of the Uniform Arbitration Act that was adopted in 2000; providing for the transition from the present act to the act as revised; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 38 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 38, inclusive, of this act.
1-3 Sec. 2. This act may be cited as the Uniform Arbitration Act of 2000.
1-4 Sec. 3. As used in sections 2 to 37, inclusive, of this act, the words
1-5 and terms defined in sections 4 to 8, inclusive, of this act have the
1-6 meanings ascribed to them in those sections.
1-7 Sec. 4. “Arbitral organization” means an association, agency,
1-8 board, commission or other entity that is neutral and initiates, sponsors
1-9 or administers an arbitral proceeding or is involved in the appointment of
1-10 an arbitrator.
1-11 Sec. 5. “Arbitrator” means an individual appointed to render an
1-12 award, alone or with others, in a controversy that is subject to an
1-13 agreement to arbitrate.
1-14 Sec. 6. “Court” means the district court.
1-15 Sec. 7. “Knowledge” means actual knowledge.
1-16 Sec. 8. “Record” means information that is inscribed on a tangible
1-17 medium or that is stored in an electronic or other medium and is
1-18 retrievable in perceivable form.
1-19 Sec. 9. 1. Except as otherwise provided in sections 2 to 37,
1-20 inclusive, of this act, a person gives notice to another person by taking
1-21 action that is reasonably necessary to inform the other person in
1-22 ordinary course, whether or not the other person acquires knowledge of
1-23 the notice.
2-1 2. A person has notice if he has knowledge of the notice or has
2-2 received notice.
2-3 3. A person receives notice when it comes to his attention or the
2-4 notice is delivered at his place of residence or place of business, or at
2-5 another location held out by him as a place of delivery of such
2-6 communications.
2-7 Sec. 10. 1. Sections 2 to 37, inclusive, of this act govern an
2-8 agreement to arbitrate made on or after October 1, 2001.
2-9 2. Sections 2 to 37, inclusive, of this act govern an agreement to
2-10 arbitrate made before October 1, 2001, if all the parties to the agreement
2-11 or to the arbitral proceeding so agree in a record.
2-12 3. On or after October 1, 2003, sections 2 to 37, inclusive, of this act
2-13 govern an agreement to arbitrate whenever made.
2-14 Sec. 11. 1. Except as otherwise provided in subsections 2 and 3, a
2-15 party to an agreement to arbitrate or to an arbitral proceeding may
2-16 waive, or the parties may vary the effect of, the requirements of sections 2
2-17 to 37, inclusive, of this act to the extent permitted by law.
2-18 2. Before a controversy arises that is subject to an agreement to
2-19 arbitrate, a party to the agreement may not:
2-20 (a) Waive or agree to vary the effect of the requirements of subsection
2-21 1 of section 12, subsection 1 of section 13, section 15, subsection 1 or 2 of
2-22 section 24, section 33, or section 35 of this act;
2-23 (b) Agree to unreasonably restrict the right under section 16 of this
2-24 act to notice of the initiation of an arbitral proceeding;
2-25 (c) Agree to unreasonably restrict the right under section 19 of this act
2-26 to disclosure of any facts by a neutral arbitrator; or
2-27 (d) Waive the right under section 23 of this act of a party to an
2-28 agreement to arbitrate to be represented by a lawyer at any proceeding or
2-29 hearing under sections 2 to 37, inclusive, of this act, but an employer and
2-30 a labor organization may waive the right to representation by a lawyer in
2-31 a labor arbitration.
2-32 3. A party to an agreement to arbitrate or arbitral proceeding may
2-33 not waive, or the parties may not vary the effect of, the requirements of
2-34 this section or subsection 1 or 3 of section 10, section 14, 21, 25,
2-35 subsection 3 or 4 of section 27, section 29, 30, 31, subsection 1 or 2 of
2-36 section 32, section 36, 37, 38 or 39 of this act.
2-37 Sec. 12. 1. Except as otherwise provided in section 35 of this act,
2-38 an application for judicial relief under sections 2 to 37, inclusive, of this
2-39 act must be made by motion to the court and heard in the manner
2-40 provided by rule of court for making and hearing motions.
2-41 2. Unless a civil action involving the agreement to arbitrate is
2-42 pending, notice of an initial motion to the court under sections 2 to 37,
2-43 inclusive, of this act must be served in the manner provided by rule of
2-44 court for the service of a summons in a civil action. Otherwise, notice of
2-45 the motion must be given in the manner provided by rule of court for
2-46 serving motions in pending cases.
2-47 Sec. 13. 1. An agreement contained in a record to submit to
2-48 arbitration any existing or subsequent controversy arising between the
2-49 parties to the agreement is valid, enforceable and irrevocable except
3-1 upon a ground that exists at law or in equity for the revocation of a
3-2 contract.
3-3 2. The court shall decide whether an agreement to arbitrate exists or
3-4 a controversy is subject to an agreement to arbitrate.
3-5 3. An arbitrator shall decide whether a condition precedent to
3-6 arbitrability has been fulfilled and whether a contract containing a valid
3-7 agreement to arbitrate is enforceable.
3-8 4. If a party to a judicial proceeding challenges the existence of, or
3-9 claims that a controversy is not subject to, an agreement to arbitrate, the
3-10 arbitral proceeding may continue pending final resolution of the issue by
3-11 the court, unless the court otherwise orders.
3-12 Sec. 14. 1. On motion of a person showing an agreement to
3-13 arbitrate and alleging another person’s refusal to arbitrate pursuant to
3-14 the agreement:
3-15 (a) If the refusing party does not appear or does not oppose the
3-16 motion, the court shall order the parties to arbitrate; and
3-17 (b) If the refusing party opposes the motion, the court shall proceed
3-18 summarily to decide the issue and order the parties to arbitrate unless it
3-19 finds that there is no enforceable agreement to arbitrate.
3-20 2. On motion of a person alleging that an arbitral proceeding has
3-21 been initiated or threatened but that there is no agreement to arbitrate,
3-22 the court shall proceed summarily to decide the issue. If the court finds
3-23 that there is an enforceable agreement to arbitrate, it shall order the
3-24 parties to arbitrate.
3-25 3. If the court finds that there is no enforceable agreement, it may
3-26 not, pursuant to subsection 1 or 2, order the parties to arbitrate.
3-27 4. The court may not refuse to order arbitration because the claim
3-28 subject to arbitration lacks merit or grounds for the claim have not been
3-29 established.
3-30 5. If a proceeding involving a claim referable to arbitration under an
3-31 alleged agreement to arbitrate is pending in court, a motion under this
3-32 section must be made in that court. Otherwise a motion under this
3-33 section may be made in any court as provided in section 34 of this act.
3-34 6. If a party makes a motion to the court to order arbitration, the
3-35 court on just terms shall stay any judicial proceeding that involves a
3-36 claim alleged to be subject to the arbitration until the court renders a
3-37 final decision under this section.
3-38 7. If the court orders arbitration, the court on just terms shall stay
3-39 any judicial proceeding that involves a claim subject to the arbitration. If
3-40 a claim subject to the arbitration is severable, the court may limit the stay
3-41 to that claim.
3-42 Sec. 15. 1. Before an arbitrator is appointed and is authorized and
3-43 able to act, the court, upon motion of a party to an arbitral proceeding
3-44 and for good cause shown, may enter an order for provisional remedies
3-45 to protect the effectiveness of the arbitral proceeding to the same extent
3-46 and under the same conditions as if the controversy were the subject of a
3-47 civil action.
3-48 2. After an arbitrator is appointed and is authorized and able to act:
4-1 (a) The arbitrator may issue such orders for provisional remedies,
4-2 including interim awards, as he finds necessary to protect the
4-3 effectiveness of the arbitral proceeding and to promote the fair and
4-4 expeditious resolution of the controversy, to the same extent and under
4-5 the same conditions as if the controversy were the subject of a civil
4-6 action; and
4-7 (b) A party to an arbitral proceeding may move the court for a
4-8 provisional remedy only if the matter is urgent and the arbitrator is not
4-9 able to act timely or the arbitrator cannot provide an adequate remedy.
4-10 3. A party does not waive a right of arbitration by making a motion
4-11 under subsection 1 or 2.
4-12 Sec. 16. 1. A person initiates an arbitral proceeding by giving
4-13 notice in a record to the other parties to the agreement to arbitrate in the
4-14 agreed manner between the parties or, in the absence of agreement, by
4-15 certified or registered mail, return receipt requested and obtained, or by
4-16 service as authorized for the commencement of a civil action. The notice
4-17 must describe the nature of the controversy and the remedy sought.
4-18 2. Unless a person objects for lack or insufficiency of notice under
4-19 subsection 3 of section 22 of this act not later than the beginning of the
4-20 arbitration hearing, by appearing at the hearing he waives any objection
4-21 to lack of or insufficiency of notice.
4-22 Sec. 17. 1. Except as otherwise provided in subsection 3, upon
4-23 motion of a party to an agreement to arbitrate or to an arbitral
4-24 proceeding, the court may order consolidation of separate arbitral
4-25 proceedings as to all or some of the claims if:
4-26 (a) There are separate agreements to arbitrate or separate arbitral
4-27 proceedings between the same persons or one of them is a party to a
4-28 separate agreement to arbitrate or a separate arbitral proceeding with a
4-29 third person;
4-30 (b) The claims subject to the agreements to arbitrate arise in
4-31 substantial part from the same transaction or series of related
4-32 transactions;
4-33 (c) The existence of a common issue of law or fact creates the
4-34 possibility of conflicting decisions in the separate arbitral proceedings;
4-35 and
4-36 (d) Prejudice resulting from a failure to consolidate is not outweighed
4-37 by the risk of undue delay or prejudice to the rights of or hardship to
4-38 parties opposing consolidation.
4-39 2. The court may order consolidation of separate arbitral
4-40 proceedings as to some claims and allow other claims to be resolved in
4-41 separate arbitral proceedings.
4-42 3. The court may not order consolidation of the claims of a party to
4-43 an agreement to arbitrate if the agreement prohibits consolidation.
4-44 Sec. 18. 1. If the parties to an agreement to arbitrate agree on a
4-45 method for appointing an arbitrator, that method must be followed,
4-46 unless the method fails. If the parties have not agreed on a method, the
4-47 agreed method fails, or an arbitrator appointed fails or is unable to act
4-48 and a successor has not been appointed, the court, on motion of a party
4-49 to the arbitral proceeding, shall appoint the arbitrator. An arbitrator so
5-1 appointed has all the powers of an arbitrator designated in the agreement
5-2 to arbitrate or appointed pursuant to the agreed method.
5-3 2. An individual who has a known, direct and material interest in the
5-4 outcome of the arbitral proceeding or a known, existing and substantial
5-5 relationship with a party may not serve as an arbitrator required by an
5-6 agreement to be neutral.
5-7 Sec. 19. 1. Before accepting appointment, an individual who is
5-8 requested to serve as an arbitrator, after making a reasonable inquiry,
5-9 shall disclose to all parties to the agreement to arbitrate and arbitral
5-10 proceeding and to any other arbitrators any known facts that a
5-11 reasonable person would consider likely to affect the impartiality of the
5-12 arbitrator in the proceeding, including:
5-13 (a) A financial or personal interest in the outcome of the arbitral
5-14 proceeding; and
5-15 (b) An existing or past relationship with any of the parties to the
5-16 agreement to arbitrate or the arbitral proceeding, their counsel or
5-17 representatives, a witness or another arbitrators.
5-18 2. An arbitrator has a continuing obligation to disclose to all parties
5-19 to the agreement to arbitrate and arbitral proceeding and to any other
5-20 arbitrators any facts that he learns after accepting appointment which a
5-21 reasonable person would consider likely to affect the impartiality of the
5-22 arbitrator.
5-23 3. If an arbitrator discloses a fact required by subsection 1 or 2 to be
5-24 disclosed and a party timely objects to the appointment or continued
5-25 service of the arbitrator based upon the fact disclosed, the objection may
5-26 be a ground under paragraph (b) of subsection 1 of section 30 of this act
5-27 for vacating an award made by the arbitrator.
5-28 4. If the arbitrator did not disclose a fact as required by subsection 1
5-29 or 2, upon timely objection by a party, the court under paragraph (b) of
5-30 subsection 1 of section 30 of this act may vacate an award.
5-31 5. An arbitrator appointed as a neutral arbitrator who does not
5-32 disclose a known, direct and material interest in the outcome of the
5-33 arbitral proceeding or a known, existing and substantial relationship
5-34 with a party is presumed to act with evident partiality for the purposes of
5-35 paragraph (b) of subsection 1 of section 30 of this act.
5-36 6. If the parties to an arbitral proceeding agree to the procedures of
5-37 an arbitral organization or any other procedures for challenges to
5-38 arbitrators before an award is made, substantial compliance with those
5-39 procedures is a condition precedent to a motion to vacate an award on
5-40 that ground under paragraph (b) of subsection 1 of section 30 of this act.
5-41 Sec. 20. If there are two or more arbitrators, the powers of an
5-42 arbitrator must be exercised by a majority of the arbitrators, but all of
5-43 them shall conduct the hearing under subsection 3 of section 22 of this
5-44 act.
5-45 Sec. 21. 1. An arbitrator or an arbitral organization acting in that
5-46 capacity is immune from civil liability to the same extent as a judge of a
5-47 court of this state acting in a judicial capacity.
5-48 2. The immunity afforded by this section supplements any immunity
5-49 under other law.
6-1 3. The failure of an arbitrator to make a disclosure required by
6-2 section 19 of this act does not cause any loss of immunity under this
6-3 section.
6-4 4. In a judicial, administrative or similar proceeding, an arbitrator or
6-5 representative of an arbitral organization is not competent to testify, and
6-6 may not be required to produce records as to any statement, conduct,
6-7 decision or ruling occurring during the arbitral proceeding, to the same
6-8 extent as a judge of a court of this state acting in a judicial capacity. This
6-9 subsection does not apply:
6-10 (a) To the extent necessary to determine the claim of an arbitrator,
6-11 arbitral organization or representative of the arbitral organization
6-12 against a party to the arbitral proceeding; or
6-13 (b) To a hearing on a motion to vacate an award under paragraph (a)
6-14 or (b) of subsection 1 of section 30 of this act if the movant establishes
6-15 prima facie that a ground for vacating the award exists.
6-16 5. If a person commences a civil action against an arbitrator, arbitral
6-17 organization or representative of an arbitral organization arising from
6-18 the services of the arbitrator, organization or representative or if a
6-19 person seeks to compel an arbitrator or a representative of an arbitral
6-20 organization to testify or produce records in violation of subsection 4,
6-21 and the court decides that the arbitrator, arbitral organization or
6-22 representative is immune from civil liability or that the arbitrator or
6-23 representative is not competent to testify, the court shall award to the
6-24 arbitrator, organization or representative reasonable attorney’s fees and
6-25 other reasonable expenses of litigation.
6-26 Sec. 22. 1. An arbitrator may conduct an arbitration in such
6-27 manner as he considers appropriate for a fair and expeditious disposition
6-28 of the proceeding. The authority conferred upon the arbitrator includes
6-29 the power to hold conferences with the parties to the arbitral proceeding
6-30 before the hearing and, among other matters, determine the
6-31 admissibility, relevance, materiality and weight of any evidence.
6-32 2. An arbitrator may decide a request for summary disposition of a
6-33 claim or particular issue:
6-34 (a) If all interested parties agree; or
6-35 (b) Upon request of one party to the arbitral proceeding if that party
6-36 gives notice to all other parties to the proceeding, and the other parties
6-37 have a reasonable opportunity to respond.
6-38 3. If an arbitrator orders a hearing, he shall set a time and place and
6-39 give notice of the hearing not less than 5 days before the hearing begins.
6-40 Unless a party to the arbitral proceeding makes an objection to lack or
6-41 insufficiency of notice not later than the beginning of the hearing, his
6-42 appearance at the hearing waives the objection. Upon request of a party
6-43 to the arbitral proceeding and for good cause shown, or upon his own
6-44 initiative, the arbitrator may adjourn the hearing from time to time as
6-45 necessary but may not postpone the hearing to a time later than that
6-46 fixed by the agreement to arbitrate for making the award unless the
6-47 parties to the arbitral proceeding consent to a later date. The arbitrator
6-48 may hear and decide the controversy upon the evidence produced
6-49 although a party who was duly notified of the arbitral proceeding did not
7-1 appear. The court, on request, may direct the arbitrator to conduct the
7-2 hearing promptly and render a timely decision.
7-3 4. At a hearing held under subsection 3, a party to the arbitral
7-4 proceeding has a right to be heard, to present evidence material to the
7-5 controversy and to cross-examine witnesses appearing at the hearing.
7-6 5. If an arbitrator ceases or is unable to act during an arbitral
7-7 proceeding, a replacement arbitrator must be appointed in accordance
7-8 with section 18 of this act to continue the proceeding and to resolve the
7-9 controversy.
7-10 Sec. 23. A party to an arbitral proceeding may be represented by a
7-11 lawyer.
7-12 Sec. 24. 1. An arbitrator may issue a subpoena for the attendance
7-13 of a witness and for the production of records and other evidence at any
7-14 hearing and may administer oaths. A subpoena must be served in the
7-15 manner for service of subpoenas in a civil action and, upon motion to the
7-16 court by a party to the arbitral proceeding or the arbitrator, enforced in
7-17 the manner for enforcement of subpoenas in a civil action.
7-18 2. To make the proceedings fair, expeditious and cost effective, upon
7-19 request of a party to or a witness in an arbitral proceeding, an arbitrator
7-20 may permit a deposition of any witness to be taken for use as evidence at
7-21 the hearing, including a witness who cannot be subpoenaed for or is
7-22 unable to attend a hearing. The arbitrator shall determine the conditions
7-23 under which the deposition is taken.
7-24 3. An arbitrator may permit such discovery as he decides is
7-25 appropriate in the circumstances, taking into account the needs of the
7-26 parties to the arbitral proceeding and other affected persons and the
7-27 desirability of making the proceeding fair, expeditious and cost effective.
7-28 4. If an arbitrator permits discovery under subsection 3, he may
7-29 order a party to the arbitral proceeding to comply with the arbitrator’s
7-30 orders related to discovery, issue subpoenas for the attendance of a
7-31 witness and for the production of records and other evidence at a
7-32 proceeding for discovery, and take action against a noncomplying party
7-33 to the extent a court could if the controversy were the subject of a civil
7-34 action in this state.
7-35 5. An arbitrator may issue a protective order to prevent the disclosure
7-36 of privileged information, confidential information, trade secrets and
7-37 other information protected from disclosure to the extent a court could if
7-38 the controversy were the subject of a civil action in this state.
7-39 6. All laws compelling a person under subpoena to testify and all fees
7-40 for attending a judicial proceeding, a deposition or a proceeding for
7-41 discovery as a witness apply to an arbitral proceeding as if the
7-42 controversy were the subject of a civil action in this state.
7-43 7. The court may enforce a subpoena or order related to discovery
7-44 for the attendance of a witness within this state and for the production of
7-45 records and other evidence issued by an arbitrator in connection with an
7-46 arbitral proceeding in another state upon conditions determined by the
7-47 court so as to make the arbitral proceeding fair, expeditious and cost
7-48 effective. A subpoena or order related to discovery issued by an arbitrator
7-49 in another state must be served in the manner provided by rule of court
8-1 for service of subpoenas in a civil action in this state and, upon motion to
8-2 the court by a party to the arbitral proceeding or the arbitrator, enforced
8-3 in the manner provided by rule of court for enforcement of subpoenas in
8-4 a civil action in this state.
8-5 Sec. 25. If an arbitrator makes a pre-award ruling in favor of a
8-6 party to an arbitral proceeding, the party may request the arbitrator to
8-7 incorporate the ruling into an award under section 26 of this act. A
8-8 prevailing party may make a motion to the court for an expedited order to
8-9 confirm the award under section 29 of this act, in which case the court
8-10 shall summarily decide the motion. The court shall issue an order to
8-11 confirm the award unless the court vacates, modifies or corrects the
8-12 award under section 30 or 31 of this act.
8-13 Sec. 26. 1. An arbitrator shall make a record of an award. The
8-14 record must be signed or otherwise authenticated by an arbitrator who
8-15 concurs with the award. The arbitrator or the arbitral organization shall
8-16 give notice of the award, including a copy of the award, to each party to
8-17 the arbitral proceeding.
8-18 2. An award must be made within the time specified by the
8-19 agreement to arbitrate or, if not specified therein, within the time ordered
8-20 by the court. The court may extend or the parties to the arbitral
8-21 proceeding may agree in a record to extend the time. The court or the
8-22 parties may do so within or after the time specified or ordered. A party
8-23 waives any objection that an award was not timely made unless he gives
8-24 notice of the objection to the arbitrator before receiving notice of the
8-25 award.
8-26 Sec. 27. 1. On motion to an arbitrator by a party to an arbitral
8-27 proceeding, the arbitrator may modify or correct an award:
8-28 (a) Upon a ground stated in paragraph (a) or (c) of subsection 1 of
8-29 section 31 of this act;
8-30 (b) Because the arbitrator has not made a final and definite award
8-31 upon a claim submitted by the parties to the arbitral proceeding; or
8-32 (c) To clarify the award.
8-33 2. A motion under to subsection 1 must be made and notice given to
8-34 all parties within 20 days after the movant receives notice of the award.
8-35 3. A party to the arbitral proceeding must give notice of any
8-36 objection to the motion within 10 days after receipt of the notice.
8-37 4. If a motion to the court is pending under section 29, 30 or 31 of
8-38 this act, the court may submit the claim to the arbitrator to consider
8-39 whether to modify or correct the award:
8-40 (a) Upon a ground stated in paragraph (a) or (c) of subsection 1 of
8-41 section 31 of this act;
8-42 (b) Because the arbitrator has not made a final and definite award
8-43 upon a claim submitted by the parties to the arbitral proceeding; or
8-44 (c) To clarify the award.
8-45 5. An award modified or corrected pursuant to this section is subject
8-46 to subsection 1 of section 26 of this act and to sections 29, 30 and 31 of
8-47 this act.
9-1 Sec. 28. 1. An arbitrator may award reasonable attorney’s fees and
9-2 other reasonable expenses of arbitration if such an award is authorized
9-3 by law in a civil action involving the same claim or by the agreement of
9-4 the parties to the arbitral proceeding.
9-5 2. As to all remedies other than those authorized by subsection 1, an
9-6 arbitrator may order such remedies as he considers just and appropriate
9-7 under the circumstances of the arbitral proceeding. The fact that such a
9-8 remedy could not or would not be granted by the court is not a ground
9-9 for refusing to confirm an award under section 29 of this act or for
9-10 vacating an award under section 30 of this act.
9-11 3. An arbitrator’s expenses and fees, together with other expenses,
9-12 must be paid as provided in the award.
9-13 Sec. 29. After a party to an arbitral proceeding receives notice of an
9-14 award, he may make a motion to the court for an order confirming the
9-15 award at which time the court shall issue a confirming order unless the
9-16 award is modified or corrected pursuant to section 27 or 31 of this act or
9-17 is vacated pursuant to section 30 of this act.
9-18 Sec. 30. 1. Upon motion to the court by a party to an arbitral
9-19 proceeding, the court shall vacate an award made in the arbitral
9-20 proceeding if:
9-21 (a) The award was procured by corruption, fraud, or other undue
9-22 means;
9-23 (b) There was:
9-24 (1) Evident partiality by an arbitrator appointed as a neutral
9-25 arbitrator;
9-26 (2) Corruption by an arbitrator; or
9-27 (3) Misconduct by an arbitrator prejudicing the rights of a party to
9-28 the arbitral proceeding;
9-29 (c) An arbitrator refused to postpone the hearing upon showing of
9-30 sufficient cause for postponement, refused to consider evidence material
9-31 to the controversy, or otherwise conducted the hearing contrary to
9-32 section 22 of this act, so as to prejudice substantially the rights of a party
9-33 to the arbitral proceeding;
9-34 (d) An arbitrator exceeded his powers;
9-35 (e) There was no agreement to arbitrate, unless the movant
9-36 participated in the arbitral proceeding without raising the objection
9-37 under subsection 3 of section 22 of this act not later than the beginning
9-38 of the arbitral hearing; or
9-39 (f) The arbitration was conducted without proper notice of the
9-40 initiation of an arbitration as required in section 16 of this act so as to
9-41 prejudice substantially the rights of a party to the arbitral proceeding.
9-42 2. A motion under this section must be made within 90 days after the
9-43 movant receives notice of the award pursuant to section 26 of this act or
9-44 within 90 days after he receives notice of a modified or corrected award
9-45 pursuant to section 27 of this act, unless he alleges that the award was
9-46 procured by corruption, fraud, or other undue means, in which case the
9-47 motion must be made within 90 days after the ground is known or by the
9-48 exercise of reasonable care would have been known by the movant.
10-1 3. If the court vacates an award on a ground other than that set forth
10-2 in paragraph (e) of subsection 1, it may order a rehearing. If the award is
10-3 vacated on a ground stated in paragraph (a) or (b) of subsection 1, the
10-4 rehearing must be before a new arbitrator. If the award is vacated on a
10-5 ground stated in paragraph (c), (d) or (f) of subsection 1, the rehearing
10-6 may be before the arbitrator who made the award or his successor. The
10-7 arbitrator must render the decision in the rehearing within the same time
10-8 as that provided in subsection 2 of section 26 of this act for an award.
10-9 4. If the court denies a motion to vacate an award, it shall confirm
10-10 the award unless a motion to modify or correct the award is pending.
10-11 Sec. 31. 1. Upon motion made within 90 days after the movant
10-12 receives notice of the award pursuant to section 26 of this act or within
10-13 90 days after he receives notice of a modified or corrected award
10-14 pursuant to section 27 of this act, the court shall modify or correct the
10-15 award if:
10-16 (a) There was an evident mathematical miscalculation or an evident
10-17 mistake in the description of a person, thing or property referred to in the
10-18 award;
10-19 (b) The arbitrator has made an award on a claim not submitted to him
10-20 and the award may be corrected without affecting the merits of the
10-21 decision upon the claims submitted; or
10-22 (c) The award is imperfect in a matter of form not affecting the merits
10-23 of the decision on the claims submitted.
10-24 2. If a motion made under subsection 1 is granted, the court shall
10-25 modify or correct and confirm the award as modified or corrected.
10-26 Otherwise, unless a motion to vacate is pending, the court shall confirm
10-27 the award.
10-28 3. A motion to modify or correct an award pursuant to this section
10-29 may be joined with a motion to vacate the award.
10-30 Sec. 32. 1. Upon granting an order confirming, vacating without
10-31 directing a rehearing, modifying or correcting an award, the court shall
10-32 enter a judgment in conformity therewith. The judgment may be
10-33 recorded, docketed and enforced as any other judgment in a civil action.
10-34 2. A court may allow reasonable costs of the motion and subsequent
10-35 judicial proceedings.
10-36 3. On application of a prevailing party to a contested judicial
10-37 proceeding under section 29, 30 or 31 of this act, the court may add
10-38 reasonable attorney’s fees and other reasonable expenses of litigation
10-39 incurred in a judicial proceeding after the award is made to a judgment
10-40 confirming, vacating without directing a rehearing, modifying or
10-41 correcting an award.
10-42 Sec. 33. 1. A court of this state having jurisdiction over the
10-43 controversy and the parties may enforce an agreement to arbitrate.
10-44 2. An agreement to arbitrate providing for arbitration in this state
10-45 confers exclusive jurisdiction on the court to enter judgment on an award
10-46 under sections 2 to 37, inclusive, of this act.
10-47 Sec. 34. A motion pursuant to section 12 of this act must be made in
10-48 the court of the county in which the agreement to arbitrate specifies the
10-49 arbitration hearing is to be held or, if the hearing has been held, in the
11-1 court of the county in which it was held. Otherwise, the motion may be
11-2 made in the court of any county in which an adverse party resides or has
11-3 a place of business or, if no adverse party has a residence or place of
11-4 business in this state, in the court of any county in this state. All
11-5 subsequent motions must be made in the court hearing the initial motion
11-6 unless the court otherwise directs.
11-7 Sec. 35. 1. An appeal may be taken from:
11-8 (a) An order denying a motion to compel arbitration;
11-9 (b) An order granting a motion to stay arbitration;
11-10 (c) An order confirming or denying confirmation of an award;
11-11 (d) An order modifying or correcting an award;
11-12 (e) An order vacating an award without directing a rehearing; or
11-13 (f) A final judgment entered pursuant to sections 2 to 37, inclusive, of
11-14 this act.
11-15 2. An appeal under this section must be taken as from an order or a
11-16 judgment in a civil action.
11-17 Sec. 36. In applying and construing this Uniform Act, consideration
11-18 must be given to the need to promote uniformity of the law with respect to
11-19 its subject matter among states that enact it.
11-20 Sec. 37. Sections 2 to 36, inclusive, of this act do not affect an action
11-21 or proceeding commenced or right accrued before October 1, 2001.
11-22 Subject to section 10 of this act, an agreement to arbitrate made before
11-23 October 1, 2001, is governed by the provisions of NRS 38.015 to 38.205,
11-24 inclusive, as they existed on that date.
11-25 Sec. 38. NRS 38.015 to 38.205, inclusive, do not apply to arbitration
11-26 under an agreement to arbitrate made on or after October 1, 2001.
11-27 Sec. 39. NRS 38.330 is hereby amended to read as follows:
11-28 38.330 1. If all parties named in a written claim filed pursuant to
11-29 NRS 38.320 agree to have the claim submitted for mediation, the parties
11-30 shall reduce the agreement to writing and shall select a mediator from the
11-31 list of mediators maintained by the division pursuant to NRS 38.340. Any
11-32 mediator selected must be available within the geographic area. If the
11-33 parties fail to agree upon a mediator, the division shall appoint a mediator
11-34 from the list of mediators maintained by the division. Any mediator
11-35 appointed must be available within the geographic area. Unless otherwise
11-36 provided by an agreement of the parties, mediation must be completed
11-37 within 60 days after the parties agree to mediation. Any agreement
11-38 obtained through mediation conducted pursuant to this section must, within
11-39 20 days after the conclusion of mediation, be reduced to writing by the
11-40 mediator and a copy thereof provided to each party. The agreement may be
11-41 enforced as any other written agreement. Except as otherwise provided in
11-42 this section, the parties are responsible for all costs of mediation conducted
11-43 pursuant to this section.
11-44 2. If all the parties named in the claim do not agree to mediation, the
11-45 parties shall select an arbitrator from the list of arbitrators maintained by
11-46 the division pursuant to NRS 38.340. Any arbitrator selected must be
11-47 available within the geographic area. If the parties fail to agree upon an
11-48 arbitrator, the division shall appoint an arbitrator from the list maintained
11-49 by the division. Any arbitrator appointed must be available within the
12-1 geographic area. Upon appointing an arbitrator, the division shall provide
12-2 the name of the arbitrator to each party.
12-3 3. The division may provide for the payment of the fees for a mediator
12-4 or an arbitrator selected or appointed pursuant to this section from the
12-5 account for the ombudsman for owners in common-interest communities
12-6 created pursuant to NRS 116.1117, to the extent that money is available in
12-7 the account for this purpose.
12-8 4. Except as otherwise provided in this section and except where
12-9 inconsistent with the provisions of NRS 38.300 to 38.360, inclusive, the
12-10 arbitration of a claim pursuant to this section must be conducted in
12-11 accordance with the provisions of [NRS 38.075 to 38.105, inclusive,
12-12 38.115, 38.125, 38.135, 38.155 and 38.165.] sections 22, 23, 24, 26 to 29,
12-13 inclusive, 31 and 32 of this act. At any time during the arbitration of a
12-14 claim relating to the interpretation, application or enforcement of any
12-15 covenants, conditions or restrictions applicable to residential property or
12-16 any bylaws, rules or regulations adopted by an association, the arbitrator
12-17 may issue an order prohibiting the action upon which the claim is based.
12-18 An award must be made within 30 days after the conclusion of arbitration,
12-19 unless a shorter period is agreed upon by the parties to the arbitration.
12-20 5. If all the parties have agreed to nonbinding arbitration, any party to
12-21 the arbitration may, within 30 days after a decision and award have been
12-22 served upon the parties, commence a civil action in the proper court
12-23 concerning the claim which was submitted for arbitration. Any complaint
12-24 filed in such an action must contain a sworn statement indicating that the
12-25 issues addressed in the complaint have been arbitrated pursuant to the
12-26 provisions of NRS 38.300 to 38.360, inclusive. If such an action is not
12-27 commenced within that period, any party to the arbitration may, within 1
12-28 year after the service of the award, apply to the proper court for a
12-29 confirmation of the award pursuant to [NRS 38.135.] section 29 of this act.
12-30 6. If all the parties agree in writing to binding arbitration, the
12-31 arbitration must be conducted in accordance with the provisions of chapter
12-32 38 of NRS. An award procured pursuant to such arbitration may be vacated
12-33 and a rehearing granted upon application of a party pursuant to the
12-34 provisions of [NRS 38.145.] section 30 of this act.
12-35 7. If, after the conclusion of arbitration, a party:
12-36 (a) Applies to have an award vacated and a rehearing granted pursuant
12-37 to [NRS 38.145;] section 30 of this act; or
12-38 (b) Commences a civil action based upon any claim which was the
12-39 subject of arbitration,
12-40 the party shall, if he fails to obtain a more favorable award or judgment
12-41 than that which was obtained in the initial arbitration, pay all costs and
12-42 reasonable attorney’s fees incurred by the opposing party after the
12-43 application for a rehearing was made or after the complaint in the civil
12-44 action was filed.
12-45 8. Upon request by a party, the division shall provide a statement to
12-46 the party indicating the amount of the fees for a mediator or an arbitrator
12-47 selected or appointed pursuant to this section.
13-1 9. As used in this section, “geographic area” means an area within 150
13-2 miles from any residential property or association which is the subject of a
13-3 written claim submitted pursuant to NRS 38.320.
13-4 Sec. 40. NRS 280.190 is hereby amended to read as follows:
13-5 280.190 The committee shall:
13-6 1. Direct the department to prepare and shall approve an annual
13-7 operating budget for the department.
13-8 2. Submit the budget to the governing bodies of the participating
13-9 political subdivisions before April 1 for funding for the following fiscal
13-10 year.
13-11 3. Direct the department to prepare and shall adopt the funding
13-12 apportionment plan provided for in NRS 280.201 and submit the plan
13-13 before February 1 to the governing bodies of the participating political
13-14 subdivisions for approval. The governing bodies shall approve or reject the
13-15 plan before March 1.
13-16 4. If any of the governing bodies fails to approve the apportionment
13-17 plan, the plan or any disputed element thereof must be submitted to an
13-18 arbitration panel for resolution. The governing body of each participating
13-19 political subdivision shall name one arbitrator to the panel, who must
13-20 reside within this state. If this results in an even number of arbitrators, the
13-21 arbitrators so named shall, by majority vote, select an additional arbitrator,
13-22 who must reside within this state and who shall serve as chairman of the
13-23 panel. The department shall provide such advice and technical and clerical
13-24 assistance as is requested by the panel. The panel must make its decision
13-25 and submit it to the participating political subdivisions before April 1.
13-26 When submitted, the decision is final and binding upon the participating
13-27 political subdivisions. Except as otherwise provided in this section, the
13-28 provisions of [the Uniform Arbitration Act contained in NRS 38.015 to
13-29 38.205, inclusive,] sections 2 to 37, inclusive, of this act apply.
13-30 Sec. 41. NRS 391.3194 is hereby amended to read as follows:
13-31 391.3194 1. Within 5 days after the superintendent receives the
13-32 report of the hearing officer he shall either withdraw the recommendation
13-33 to demote, dismiss or not reemploy the licensed employee or file his
13-34 recommendation with the board.
13-35 2. Within 15 days after the receipt of the recommendation of the
13-36 superintendent, the board shall either accept or reject the hearing officer’s
13-37 recommendation and notify the licensed employee in writing of its
13-38 decision.
13-39 3. The board may, before making a decision, refer the report back to
13-40 the hearing officer for further evidence and recommendations. Within 15
13-41 days after the report is referred to him, the hearing officer shall complete
13-42 the report and file it with the board and mail a copy to the superintendent
13-43 and licensed employee.
13-44 4. The licensed employee may appeal the decision to a district court
13-45 within the time limits and in the manner provided by law for appeals of
13-46 administrative decisions of state agencies. If the report of the hearing
13-47 officer is final and binding, the employee or the board may request judicial
13-48 review of the report [pursuant to NRS 38.145 or 38.155.] in the manner
13-49 provided in sections 30 and 31 of this act.
14-1 Sec. 42. NRS 487.563 is hereby amended to read as follows:
14-2 487.563 1. Each person who submits an application for registration
14-3 pursuant to the provisions of NRS 487.560 must include in the application
14-4 a written statement to the department that specifies whether he agrees to
14-5 submit to binding arbitration any claims against him arising out of a
14-6 contract for repairs made by him to a motor vehicle. If the person fails to
14-7 submit the statement to the department or specifies in the statement that he
14-8 does not agree to arbitrate those claims, the person shall file with the
14-9 department a bond in the amount of $5,000, with a corporate surety for the
14-10 bond that is licensed to do business in this state. The form of the bond must
14-11 be approved by the attorney general and be conditioned upon whether the
14-12 applicant conducts his business as an owner or operator of a garage without
14-13 fraud or fraudulent representation and in compliance with the provisions of
14-14 NRS 487.035, 487.530 to 487.570, inclusive, and 597.480 to 597.590,
14-15 inclusive.
14-16 2. The bond must be continuous in form and the total aggregate
14-17 liability on the bond must be limited to the payment of the total amount of
14-18 the bond.
14-19 3. In lieu of a bond required to be filed pursuant to the provisions of
14-20 subsection 1, a person may deposit with the department, pursuant to the
14-21 terms prescribed by the department:
14-22 (a) A like amount of money or bonds of the United States or of the State
14-23 of Nevada of an actual market value of not less than the amount fixed by
14-24 the department; or
14-25 (b) A savings certificate of a bank or savings and loan association
14-26 located in this state, which must indicate an account of an amount equal to
14-27 the amount of the bond that would otherwise be required pursuant to this
14-28 section and that the amount is unavailable for withdrawal except upon
14-29 order of the department. Interest earned on the certificate accrues to the
14-30 account of the applicant.
14-31 4. If a claim is arbitrated pursuant to the provisions of this section, the
14-32 proceedings for arbitration must be conducted in accordance with the
14-33 provisions of [NRS 38.015 to 38.205, inclusive.] sections 2 to 37,
14-34 inclusive, of this act.
14-35 5. If a person:
14-36 (a) Submits the statement to the department specifying that he agrees to
14-37 arbitrate a claim pursuant to the provisions of subsection 1; and
14-38 (b) Fails to submit to binding arbitration any claim specified in that
14-39 subsection,
14-40 the person asserting the claim may notify the department of that fact. Upon
14-41 receipt of the notice, the department shall, after notice and hearing, revoke
14-42 or refuse to renew the certificate of registration of the person who failed to
14-43 submit the claim to arbitration.
14-44 6. The department may reinstate or renew a certificate of registration
14-45 that is revoked pursuant to the provisions of subsection 5 if the person
14-46 whose certificate of registration is revoked:
14-47 (a) Submits the claim to arbitration pursuant to the provisions of
14-48 subsection 4 and notifies the department of that fact; or
15-1 (b) Files a bond or makes a deposit with the department pursuant to the
15-2 provisions of this section.
15-3 Sec. 43. NRS 38.015, 38.025, 38.035, 38.045, 38.055, 38.065, 38.075,
15-4 38.085, 38.087, 38.095, 38.105, 38.115, 38.125, 38.135, 38.145, 38.155,
15-5 38.165, 38.175, 38.185, 38.195 and 38.205 are hereby repealed.
15-6 Sec. 44. 1. This section and sections 1 to 38, inclusive, of this act
15-7 become effective on October 1, 2001.
15-8 2. Sections 39 to 43, inclusive, of this act
become effective on
October 1, 2003.
15-9 3. Section 38 of this act expires by limitation on October 1, 2003.
15-10 LEADLINES OF REPEALED SECTIONS
15-11 38.015 Short title.
15-12 38.025 Definitions.
15-13 38.035 Validity of agreement to arbitrate.
15-14 38.045 Proceedings to compel or stay arbitration.
15-15 38.055 Appointment of arbitrators by court.
15-16 38.065 Majority action by arbitrators.
15-17 38.075 Hearing.
15-18 38.085 Representation by attorney.
15-19 38.087 Discovery.
15-20 38.095 Witnesses; subpoenas; depositions.
15-21 38.105 Award.
15-22 38.115 Change of award by arbitrators.
15-23 38.125 Fees and expenses of arbitration.
15-24 38.135 Confirmation of award.
15-25 38.145 Vacating award.
15-26 38.155 Modification or correction of award.
15-27 38.165 Judgment or decree on award.
15-28 38.175 Judgment roll; docketing.
15-29 38.185 Applications to court.
15-30 38.195 Venue.
15-31 38.205 Appeals.
15-32 H