1. On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement:
(a) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and
(b) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.
2. On motion of a person alleging that an arbitral proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.
3. If the court finds that there is no enforceable agreement, it may not, pursuant to subsection 1 or 2, order the parties to arbitrate.
4. The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
5. If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in NRS 38.246.
6. If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
7. If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
(Added to NRS by 2001, 1276)
Structure Nevada Revised Statutes
Chapter 38 - Mediation and Arbitration
NRS 38.208 - Arbitral organization" defined.
NRS 38.209 - Arbitrator" defined.
NRS 38.212 - Knowledge" defined.
NRS 38.217 - Waiver of requirements or variance of effects of requirements; exceptions.
NRS 38.218 - Application for judicial relief; service of notice of initial motion.
NRS 38.219 - Validity of agreement to arbitrate.
NRS 38.221 - Motion to compel or stay arbitration.
NRS 38.222 - Provisional remedies.
NRS 38.223 - Initiation of arbitration.
NRS 38.224 - Consolidation of separate arbitral proceedings.
NRS 38.226 - Appointment of arbitrator; service as neutral arbitrator.
NRS 38.228 - Action by majority.
NRS 38.229 - Immunity of arbitrator; competency to testify; attorney’s fees and costs.
NRS 38.231 - Arbitration process.
NRS 38.232 - Representation by lawyer.
NRS 38.233 - Witnesses; subpoenas; depositions; discovery.
NRS 38.234 - Judicial enforcement of preaward ruling by arbitrator.
NRS 38.237 - Change of award by arbitrator.
NRS 38.238 - Remedies; fees and expenses of arbitration proceeding.
NRS 38.239 - Confirmation of award.
NRS 38.242 - Modification or correction of award.
NRS 38.243 - Judgment on award; attorney’s fees and litigation expenses.
NRS 38.248 - Uniformity of application and construction.
NRS 38.255 - Guidelines for establishment of programs for arbitration.
NRS 38.310 - Limitations on commencement of certain civil actions.
NRS 38.350 - Statute of limitations tolled.
NRS 38.360 - Administration of provisions by Division; regulations; fees.
NRS 38.410 - "Collaborative law communication" defined.
NRS 38.415 - "Collaborative law participation agreement" defined.
NRS 38.420 - "Collaborative law process" defined.
NRS 38.425 - "Collaborative lawyer" defined.
NRS 38.430 - "Collaborative matter" defined.
NRS 38.435 - "Law firm" defined.
NRS 38.440 - "Nonparty participant" defined.
NRS 38.450 - "Person" defined.
NRS 38.455 - "Proceeding" defined.
NRS 38.460 - "Prospective party" defined.
NRS 38.465 - "Record" defined.
NRS 38.470 - "Related to a collaborative matter" defined.
NRS 38.480 - "Tribunal" defined.
NRS 38.505 - Approval of agreement by tribunal.
NRS 38.525 - Disclosure of information during process.
NRS 38.545 - Confidentiality of collaborative law communication.
NRS 38.555 - Waiver and preclusion of privilege.
NRS 38.560 - Limits of privilege.
NRS 38.565 - Authority of tribunal in case of noncompliance.
NRS 38.570 - Applying and construing Uniform Act to promote uniformity.
NRS 38.575 - Relation to Electronic Signatures in Global and National Commerce Act.