Nevada Revised Statutes

Nev. Rev. Stat. § 38.226 (2026)

Appointment of arbitrator; service as neutral arbitrator

✓ current as of July 2026
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NRS 38.226  Appointment of arbitrator; service as neutral arbitrator.

      1.  If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitral proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.

      2.  An individual who has a known, direct and material interest in the outcome of the arbitral proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.

      (Added to NRS by 2001, 1277)

     

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2012–2021 · leading case: Habash v. L.A Pac. Ctr., Inc., 203 Cal. App. 4th 336 (Cal. Ct. App. 2012).
Habash v. L.A Pac. Ctr., Inc., 203 Cal. App. 4th 336 (Cal. Ct. App. 2012). “( Nev. Rev. Stat. § 38.226 , subd. 1.) The record established that appellant stipulated the arbitrable claims included those brought against him personally as counterclaims in Nevada.”
Monster Energy Co. v. City Beverages, LLC, 940 F.3d 1130 (9th Cir. 2019). “§ 658A-11(b) (same); Nev. Rev. Stat. § 38.226 (2) (same). 26 MONSTER ENERGY V.”
Direct Grading & Paving, L.L.C. Vs. Dist. Ct. (century Cmtys. of Nev., L.l.c.), 2021 NV 31 (Nev. 2021). · cites it 4× “5Century also argues we should direct the district court to grant Century's request to appoint a new arbitrator pursuant to NRS 38.226. NRS 38.226(1) allows for the court to appoint a new arbitrator when the current arbitrator "fails or is unable to act.”
— Nev. Rev. Stat. § 38.226(1) — 1 case
Direct Grading & Paving, L.L.C. Vs. Dist. Ct. (century Cmtys. of Nev., L.l.c.), 2021 NV 31 (Nev. 2021). “5Century also argues we should direct the district court to grant Century's request to appoint a new arbitrator pursuant to NRS 38.226. NRS 38.226(1) allows for the court to appoint a new arbitrator when the current arbitrator "fails or is unable to act.”
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