Nevada Revised Statutes

Nev. Rev. Stat. § 38.238 (2026)

Remedies; fees and expenses of arbitration proceeding

✓ current as of July 2026

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NRS 38.238 Remedies; fees and expenses of arbitration proceeding.

1. An arbitrator may award reasonable attorney’s fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitral proceeding.

2. As to all remedies other than those authorized by subsection 1, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitral proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under NRS 38.239 or for vacating an award under NRS 38.241.

3. An arbitrator’s expenses and fees, together with other expenses, must be paid as provided in the award.

(Added to NRS by 2001, 1281)

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2015–2022 · leading case: Interbill, Inc. v. Atl.-Pac. Processing Sys. NV Corp fka Atl.-Pac. Processing Sys., LLC (D. Nev. 2022).

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Interbill, Inc. v. Atl.-Pac. Processing Sys. NV Corp fka Atl.-Pac. Processing Sys., LLC (D. Nev. 2022). · cites it 6× “79 Nev. Rev. Stat. § 38.238 (1). 15 80 Interbill made this argument in its fees motion to the arbitrator and attempts to incorporate those arguments by reference.”

Wph Architecture, Inc. Vs. Vegas Vp, Lp, 2015 NV 88 (Nev. 2015). · cites it 7× “NRS 38.238(1) states that "[am n arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitral proceeding.”

Wph Architecture, Inc. Vs. Vegas Vp, Lp, 2015 NV 88 (Nev. 2015). · cites it 4× “NRS 38.238(1) states that lam . arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitral proceeding.”

White v. Baum (Nev. 2018). “NRS 38.238(2) affords an arbitrator broad discretion to order "just and appropriate" remedies and, as indicated, the arbitrator's decision to require Affirmed Technologies to issue additional membership units was based on his reasonable interpretation of the Operating Agreement…”

Canyon Constr. Co. v. City of Elko (Nev. 2015). “" NRS 38.238(1), however, provides the arbitration panel with discretion in awarding fees and costs and the parties have cited no law providing that a party must recover a money judgment to prevail under an NRS 338.”

— Nev. Rev. Stat. § 38.238(1) — 3 cases

Wph Architecture, Inc. Vs. Vegas Vp, Lp, 2015 NV 88 (Nev. 2015). “NRS 38.238(1) states that "[am n arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitral proceeding.”

Wph Architecture, Inc. Vs. Vegas Vp, Lp, 2015 NV 88 (Nev. 2015). “NRS 38.238(1) states that lam . arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitral proceeding.”

— Nev. Rev. Stat. § 38.238(2) — 1 case

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