Nevada Revised Statutes

Nev. Rev. Stat. § 38.219 (2026)

Validity of agreement to arbitrate

✓ current as of July 2026

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NRS 38.219 Validity of agreement to arbitrate.

1. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except as otherwise provided in NRS 597.995 or upon a ground that exists at law or in equity for the revocation of a contract.

2. The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

3. An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

4. If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitral proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

(Added to NRS by 2001, 1275; A 2013, 568)

Notes of Decisions

Cited in 17 cases (4 in the last 5 years), 2015–2026 · leading case: U.S. Home Corp. v. Michael Ballesteros Trust, 415 P.3d 32 (Nev. 2018).

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U.S. Home Corp. v. Michael Ballesteros Trust, 415 P.3d 32 (Nev. 2018). · cites it 2× “25 (part 1A) (West 2009), codified in substantially similar form at NRS 38.219(1). Though arbitration agreements often appear in conventional two-party contracts, they can also arise from other written records where signatures are not required.”

U.S. Home Corp. Vs. the Michael Ballesteros Trust, 2018 NV 25 (Nev. 2018). · cites it 4× “25 (part 1A) (West 2009), codified in substantially similar form at NRS 38.219(1). Though arbitration agreements often appear in conventional two-party contracts, they can also arise from other written records where signatures are not required.”

Desage Vs. Aw Fin. Grp., Llc (Nev. 2020). · cites it 4× “3 (2016) (stating "Nevada's similarly fundamental policy favoring the enforceability of arbitration agreements as written," citing NRS 38.219(1)). "The jurisdiction and powers of a court with respect to the enforcement of arbitration proceedings are governed by the terms of the…”

Asire v. Carson City Sch. Dist. (D. Nev. 2020). · cites it 3× “Additionally, NRS 38.219 is a verbatim 22 adoption of the Revised Uniform Arbitration Act, Section 6, whose drafters endorsed the doctrine 23 of separability.”

King v. Robertson (D. Nev. 2022). · cites it 3× “28 2019); see also Nev. Rev. Stat. § 38.219 (2) (“The court shall decide whether an 1 agreement to arbitrate exists.”

Stubbins v. Spring Valley Hosp. Med. Ctr. (D. Nev. 2025). · cites it 3× “§ 2 (2013), it provides that, “An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to 16 the agreement is valid, enforceable and irrevocable except .”

Tallman Vs. Dist. Ct. (cps Sec. (usa), Inc.), 2015 NV 71 (Nev. 2015). · cites it 4× “Consistent with its policy favoring efficient and expeditious enforcement of agreements to arbitrate, see NRS 38.219; D.R. Horton, Inc. v. Green, 120 Nev.”

Mika Vs. Dist. Ct. (cps Sec. (usa), Inc.), 2015 NV 71 (Nev. 2015). · cites it 4× “Consistent with its policy favoring efficient and expeditious enforcement of agreements to arbitrate, see NRS 38.219; D.R. Horton, Inc. v. Green, 120 Nev.”

Fat Hat, LLC v. Diterlizzi (Nev. 2016). · cites it 2× “219(1) broadly states that, "[a]ri agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except as otherwise provided in NRS 597.”

Bank of Am., N.A. v. Lee C/W 69306 (Nev. 2017). · cites it 2× “' See NRS 38.219(2); NRS 38.221(1)(b); see also 9 U.”

Show all 17 citing cases →

— Nev. Rev. Stat. § 38.219(1) — 14 cases

U.S. Home Corp. v. Michael Ballesteros Trust, 415 P.3d 32 (Nev. 2018). “25 (part 1A) (West 2009), codified in substantially similar form at NRS 38.219(1). Though arbitration agreements often appear in conventional two-party contracts, they can also arise from other written records where signatures are not required.”

U.S. Home Corp. Vs. the Michael Ballesteros Trust, 2018 NV 25 (Nev. 2018). “25 (part 1A) (West 2009), codified in substantially similar form at NRS 38.219(1). Though arbitration agreements often appear in conventional two-party contracts, they can also arise from other written records where signatures are not required.”

Stubbins v. Spring Valley Hosp. Med. Ctr. (D. Nev. 2025). “§ 2 (2013), it provides that, “An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to 16 the agreement is valid, enforceable and irrevocable except .”

Asire v. Carson City Sch. Dist. (D. Nev. 2020). “Additionally, NRS 38.219 is a verbatim 22 adoption of the Revised Uniform Arbitration Act, Section 6, whose drafters endorsed the doctrine 23 of separability.”

— Nev. Rev. Stat. § 38.219(2) — 4 cases

Desage Vs. Aw Fin. Grp., Llc (Nev. 2020). “3 (2016) (stating "Nevada's similarly fundamental policy favoring the enforceability of arbitration agreements as written," citing NRS 38.219(1)). "The jurisdiction and powers of a court with respect to the enforcement of arbitration proceedings are governed by the terms of the…”

Bank of Am., N.A. v. Lee C/W 69306 (Nev. 2017). “' See NRS 38.219(2); NRS 38.221(1)(b); see also 9 U.”

Las Vegas Police Prot. Assoc. v. City of Las Vegas (civil) (Nev. 2026).

— Nev. Rev. Stat. § 38.219(3) — 1 case

Las Vegas Police Prot. Assoc. v. City of Las Vegas (civil) (Nev. 2026).

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