NRS
38.237 Change of award by arbitrator.
1. On motion to an arbitrator by a party
to an arbitral proceeding, the arbitrator may modify or correct an award:
(a) Upon a ground stated in paragraph (a) or (c)
of subsection 1 of NRS 38.242;
(b) Because the arbitrator has not made a final
and definite award upon a claim submitted by the parties to the arbitral
proceeding; or
(c) To clarify the award.
2. A motion under subsection 1 must be
made and notice given to all parties within 20 days after the movant receives
notice of the award.
3. A party to the arbitral proceeding must
give notice of any objection to the motion within 10 days after receipt of the
notice.
4. If a motion to the court is pending
under NRS 38.239, 38.241 or 38.242,
the court may submit the claim to the arbitrator to consider whether to modify
or correct the award:
(a) Upon a ground stated in paragraph (a) or (c)
of subsection 1 of NRS 38.242;
(b) Because the arbitrator has not made a final
and definite award upon a claim submitted by the parties to the arbitral
proceeding; or
(c) To clarify the award.
5. An award modified or corrected pursuant
to this section is subject to subsection 1 of NRS
38.236 and to NRS 38.239, 38.241 and 38.242.
(Added to NRS by 2001,
1281)
Notes of Decisions
Health Plan of Nevada, Inc. v. Rainbow Med., LLC, 100 P.3d 172 (Nev. 2004).
· cites it 7× “10 HPN contends that, absent one of the statutory grounds enumerated in NRS 38.237, a district court lacks authority to remand a matter to an arbitrator.”
Casey v. Wells Fargo Bank, N.A., 290 P.3d 265 (Nev. 2012).
“239 reads as follows: After a party to an arbitral proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to NRS…”
Maiza v. King (Nev. 2016).
· cites it 2× “" Appellants argue that the arbitration was governed by NRS Chapter 38, and respondent therefore was required to move under NRS 38.237 to modify or correct the award within 20 days after receiving the arbitration award, which she failed to do.”
White v. Baum (Nev. 2018).
“We agree with the district court that this clarification did not constitute an impermissible reexamination of the merits of the award.”
Wells Fargo Bank Nat'l Ass'n v. Hyflo Ltd. P'ship (D. Nev. 2020).
“It states, “[a]fter a 2 party to an arbitral proceeding receives notice of an award, the party may make a motion to the 3 court for an order confirming the award at which time the court shall issue a confirming order 4 unless the award is modified or corrected pursuant to NRS…”
WIIFM, Inc. v. Doorbusters Lock & Safe, LLC (D. Nev. 2023).
“20 Under Nevada law, a party to an arbitral proceeding “may make a motion to the court for 21 an order confirming the award at which time the court shall issue a confirming order unless the 22 award is modified or corrected pursuant to NRS 38.237 or 38.242 or is vacated pursuant…”
— Nev. Rev. Stat. § 38.237(1)(c) — 2 cases
White v. Baum (Nev. 2018).
“We agree with the district court that this clarification did not constitute an impermissible reexamination of the merits of the award.”
— Nev. Rev. Stat. § 38.237(4) — 1 case
— Nev. Rev. Stat. § 38.237(4)(c) — 1 case
— Nev. Rev. Stat. § 38.237(l)(a) — 1 case
— Nev. Rev. Stat. § 38.237(l)(b) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.