Nev. Rev. Stat. » NRS: CHAPTER 38 - MEDIATION AND ARBITRATION
Nevada Revised Statutes

Nev. Rev. Stat. § 38.221 (2026)

Motion to compel or stay arbitration

✓ current as of July 2026
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NRS 38.221  Motion to compel or stay arbitration.

      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)

     

Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 2008–2026 · leading case: Truck Ins. Exch. v. Palmer J. Swanson, Inc., 189 P.3d 656 (Nev. 2008).
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Truck Ins. Exch. v. Palmer J. Swanson, Inc., 189 P.3d 656 (Nev. 2008). “6 NRS 38.221(3). 7 See DeCarnelle v. Guimont, 101 Nev.”
El Jen Med. Hosp. v. Tyler (Nev. 2023). · cites it 8× “Alternatively, El Jen argues that the district court abused its discretion under NRS 38.221(7) by failing to stay the litigation until the estate's arbitration concludes.”
Golden Boy Promotions, Inc. Vs. Pound For Pound Promotions, Inc. (Nev. 2021). · cites it 2× “287 (2010); see also NRS 38.221(7) (providing that "[ilf the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration").”
Richardson v. Dist. Ct. (Mulligan) (Nev. 2022). · cites it 2× “Richardson also recognized the interconnectedness of the claims, arguing in opposition to CTC's and Criterion's respective motions to compel that "[n]early every fraudulent and unlawful act the [petitioner] has identified was transacted by or with the knowledge of CTC," and that…”
Sky Law Grp. v. Paul Padda Law, PLLC (D. Nev. 2024). · cites it 2× “54 at 8), while also arguing that the R&R ignores NRS 38.221, which states that a 19 “court may not refuse to order arbitration because the claim subject to arbitration lacks merit 20 or grounds for the claim have not been established.”
Bank of Am., N.A. v. Lee C/W 69306 (Nev. 2017). “219(2); NRS 38.221(1)(b); see also 9 U.S.C. § 4 (2012).”
Bank of Am., N.A. v. Lee C/W 69306 (Nev. 2017). “219(2); NRS 38.221(1)(b); see also 9 U.S.C. § 4 (2012).”
First 100, LLC v. Louie (Nev. 2018). “See NRS 38.221(1)(b) (providing that "[o]n a motion of a party showing an agreement to arbitrate and alleging [the other party]'s refusal to arbitrate, .”
Onas, III v. Lennar Reno, LLC dba Lennar Homes (D. Nev. 2021). “” NRS 38.221(7). 23 H. The Parties further recognize that refusing to stay a case pending arbitration is a 24 || reversible error.”
Las Vegas Police Prot. Assoc. v. City of Las Vegas (civil) (Nev. 2026). “See NRS 38.221(1), (7). Where, as here, a party SUPREME COUR!' simultaneously requests that the court declare an issue arising un.”
Ajs Constr., Inc. v. Pankopf (Nev. 2013). “NRS 38.221(7). In light of its interlocutory nature, the Act does not permit an appeal from an order granting a motion to compel arbitration.”
Kjh & Rda Inv. Grp., LLC v. turnberry/mgm Grand Towers, LLC (Nev. 2014). “See NRS 38.221(1) (stating that a ‘`person showing an agreement to arbitrate" may move to compel arbitration); Vulcan Power Co.”
— Nev. Rev. Stat. § 38.221(1) — 2 cases
Las Vegas Police Prot. Assoc. v. City of Las Vegas (civil) (Nev. 2026). “See NRS 38.221(1), (7). Where, as here, a party SUPREME COUR!' simultaneously requests that the court declare an issue arising un.”
Kjh & Rda Inv. Grp., LLC v. turnberry/mgm Grand Towers, LLC (Nev. 2014). “See NRS 38.221(1) (stating that a ‘`person showing an agreement to arbitrate" may move to compel arbitration); Vulcan Power Co.”
— Nev. Rev. Stat. § 38.221(1)(b) — 3 cases
Bank of Am., N.A. v. Lee C/W 69306 (Nev. 2017). “219(2); NRS 38.221(1)(b); see also 9 U.S.C. § 4 (2012).”
Bank of Am., N.A. v. Lee C/W 69306 (Nev. 2017). “219(2); NRS 38.221(1)(b); see also 9 U.S.C. § 4 (2012).”
First 100, LLC v. Louie (Nev. 2018). “See NRS 38.221(1)(b) (providing that "[o]n a motion of a party showing an agreement to arbitrate and alleging [the other party]'s refusal to arbitrate, .”
— Nev. Rev. Stat. § 38.221(3) — 1 case
Truck Ins. Exch. v. Palmer J. Swanson, Inc., 189 P.3d 656 (Nev. 2008). “6 NRS 38.221(3). 7 See DeCarnelle v. Guimont, 101 Nev.”
— Nev. Rev. Stat. § 38.221(6) — 1 case
Richardson v. Dist. Ct. (Mulligan) (Nev. 2022). “Richardson also recognized the interconnectedness of the claims, arguing in opposition to CTC's and Criterion's respective motions to compel that "[n]early every fraudulent and unlawful act the [petitioner] has identified was transacted by or with the knowledge of CTC," and that…”
— Nev. Rev. Stat. § 38.221(7) — 4 cases
El Jen Med. Hosp. v. Tyler (Nev. 2023). “Alternatively, El Jen argues that the district court abused its discretion under NRS 38.221(7) by failing to stay the litigation until the estate's arbitration concludes.”
Golden Boy Promotions, Inc. Vs. Pound For Pound Promotions, Inc. (Nev. 2021). “287 (2010); see also NRS 38.221(7) (providing that "[ilf the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration").”
Onas, III v. Lennar Reno, LLC dba Lennar Homes (D. Nev. 2021). “” NRS 38.221(7). 23 H. The Parties further recognize that refusing to stay a case pending arbitration is a 24 || reversible error.”
Ajs Constr., Inc. v. Pankopf (Nev. 2013). “NRS 38.221(7). In light of its interlocutory nature, the Act does not permit an appeal from an order granting a motion to compel arbitration.”
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