1. Upon motion to the court by a party to an arbitral proceeding, the court shall vacate an award made in the arbitral proceeding if:
(a) The award was procured by corruption, fraud or other undue means;
(b) There was:
(1) Evident partiality by an arbitrator appointed as a neutral arbitrator;
(2) Corruption by an arbitrator; or
(3) Misconduct by an arbitrator prejudicing the rights of a party to the arbitral proceeding;
(c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to NRS 38.231, so as to prejudice substantially the rights of a party to the arbitral proceeding;
(d) An arbitrator exceeded his or her powers;
(e) There was no agreement to arbitrate, unless the movant participated in the arbitral proceeding without raising the objection under subsection 3 of NRS 38.231 not later than the beginning of the arbitral hearing; or
(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in NRS 38.223 so as to prejudice substantially the rights of a party to the arbitral proceeding.
2. A motion under this section must be made within 90 days after the movant receives notice of the award pursuant to NRS 38.236 or within 90 days after the movant receives notice of a modified or corrected award pursuant to NRS 38.237, unless the movant alleges that the award was procured by evident partiality, corruption, fraud or other undue means, in which case the motion must be made within 90 days after the ground is known or by the exercise of reasonable care would have been known by the movant.
3. If the court vacates an award on a ground other than 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) of subsection 1, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in paragraph (c), (d) or (f) of subsection 1, the rehearing may be before the arbitrator who made the award or the arbitrator’s successor. The arbitrator must render the decision in the rehearing within the same time as that provided in subsection 2 of NRS 38.236 for an award.
4. If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
(Added to NRS by 2001, 1281; A 2015, 1980)
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.