NRS
38.241 Vacating award.
1. Upon motion to the court by a party to
an arbitral proceeding, the court shall vacate an award made in the arbitral
proceeding if:
(a) The award was procured by corruption, fraud
or other undue means;
(b) There was:
(1) Evident partiality by an arbitrator
appointed as a neutral arbitrator;
(2) Corruption by an arbitrator; or
(3) Misconduct by an arbitrator
prejudicing the rights of a party to the arbitral proceeding;
(c) An arbitrator refused to postpone the hearing
upon showing of sufficient cause for postponement, refused to consider evidence
material to the controversy, or otherwise conducted the hearing contrary to NRS 38.231, so as to prejudice substantially
the rights of a party to the arbitral proceeding;
(d) An arbitrator exceeded his or her powers;
(e) There was no agreement to arbitrate, unless
the movant participated in the arbitral proceeding without raising the
objection under subsection 3 of NRS 38.231
not later than the beginning of the arbitral hearing; or
(f) The arbitration was conducted without proper
notice of the initiation of an arbitration as required in NRS 38.223 so as to prejudice substantially
the rights of a party to the arbitral proceeding.
2. A motion under this section must be
made within 90 days after the movant receives notice of the award pursuant to NRS 38.236 or within 90 days after the
movant receives notice of a modified or corrected award pursuant to NRS 38.237, unless the movant alleges that
the award was procured by evident partiality, corruption, fraud or other undue
means, in which case the motion must be made within 90 days after the ground is
known or by the exercise of reasonable care would have been known by the
movant.
3. If the court vacates an award on a
ground other than that set forth in paragraph (e) of subsection 1, it may order
a rehearing. If the award is vacated on a ground stated in paragraph (a) or (b)
of subsection 1, the rehearing must be before a new arbitrator. If the award is
vacated on a ground stated in paragraph (c), (d) or (f) of subsection 1, the
rehearing may be before the arbitrator who made the award or the arbitrator’s
successor. The arbitrator must render the decision in the rehearing within the
same time as that provided in subsection 2 of NRS
38.236 for an award.
4. If the court denies a motion to vacate
an award, it shall confirm the award unless a motion to modify or correct the
award is pending.
(Added to NRS by 2001,
1281; A 2015,
1980)
Notes of Decisions
Casey v. Wells Fargo Bank, N.A., 290 P.3d 265 (Nev. 2012).
· cites it 5× “242 or is vacated pursuant to NRS 38.241. (Emphasis added.) In denying Casey’s motion to strike, the district court relied on NRS 38.”
News+media Capital Grp. LLC Vs. Las Vegas Sun, Inc., 2021 NV 45 (Nev. 2021).
· cites it 10× “"The question is whether the arbitrator had the authority under the agreement 50ther statutory grounds in NRS 38.241—which involve the arbitrator's alleged partiality or misconduct, prejudicial procedural errors, or the lack of an agreement to arbitrate in the first place—are…”
Sylver v. Regents Bank, N.A., 300 P.3d 718 (Nev. 2013).
· cites it 6× “In resolving this issue, we interpret the meaning of “undue means” under NRS 38.241 in line with the interpretation given by other state and federal courts, whereby the challenging party has the burden of proving that the arbitration award was secured through intentionally…”
Clark Cnty. Educ. Ass'n v. Clark Cnty. Sch. Dist., 131 P.3d 5 (Nev. 2006).
· cites it 3× “3 Stuart’s and CCEA’s argument that the arbitration award should be vacated on statutory grounds under NRS 38.241 or because the arbitrator exceeded her powers under the collective bargaining agreement is without merit.”
Ruiz v. City of North Las Vegas, 255 P.3d 216 (Nev. 2011).
· cites it 2× “In short, Ruiz argues that because the Union pursued the grievance and subsequent arbitration on his behalf, he should be deemed a “party” to the proceedings capable of challenging the decision in district court under the UAA.”
Hamm v. Arrowcreek Homeowners' Ass'n, 183 P.3d 895 (Nev. 2008).
“” 40 Even if the parties agree to binding arbitration, the arbitration award may be vacated and a rehearing granted pursuant to NRS 38.241. 41 In this case, the Hamms and Arrowcreek could select mediation or arbitration pursuant to the provisions of NRS 38.”
3535 LV Newco LLC v. Int'l All. of Theatrical Stage Employees, Moving Picutre Technicians, Artists, & Allied Crafts of the United States, Its Territories, & Canada, Local 720, Las Vegas, Nevada (D. Nev. 2025).
· cites it 8× “Therefore, the statute of limitations to file a petition to vacate an 20 arbitration award under NRS § 38.241(2) applies in this case, and as such the motion “must be 21 made within 90 days after the movant receives notice of the award pursuant to NRS § 38.”
Eagle Jet Aviation Inc. v. Woods (Nev. 2017).
· cites it 3× “SUPREME COURT OF NEVADA 4 (0) I947A NRS 38.241, dealing with vacatur of arbitration awards, states that "the court shall vacate an award made in the arbitral proceeding" where there was "[e]vident partiality by an arbitrator appointed as a neutral arbitrator.”
Maiza v. King (Nev. 2016).
· cites it 2× “Although the parties agreed to be bound by the arbitrators' decision and to waive their rights to litigate the dispute and/or appeal the arbitrators' award, both parties filed district court motions after the arbitration award issued and litigated in district court the matters…”
— Nev. Rev. Stat. § 38.241(1) — 5 cases
Clark Cnty. Educ. Ass'n v. Clark Cnty. Sch. Dist., 131 P.3d 5 (Nev. 2006).
“3 Stuart’s and CCEA’s argument that the arbitration award should be vacated on statutory grounds under NRS 38.241 or because the arbitrator exceeded her powers under the collective bargaining agreement is without merit.”
— Nev. Rev. Stat. § 38.241(1)(a) — 3 cases
Sylver v. Regents Bank, N.A., 300 P.3d 718 (Nev. 2013).
“In resolving this issue, we interpret the meaning of “undue means” under NRS 38.241 in line with the interpretation given by other state and federal courts, whereby the challenging party has the burden of proving that the arbitration award was secured through intentionally…”
— Nev. Rev. Stat. § 38.241(1)(b) — 1 case
— Nev. Rev. Stat. § 38.241(1)(c) — 1 case
— Nev. Rev. Stat. § 38.241(1)(d) — 7 cases
News+media Capital Grp. LLC Vs. Las Vegas Sun, Inc., 2021 NV 45 (Nev. 2021).
“"The question is whether the arbitrator had the authority under the agreement 50ther statutory grounds in NRS 38.241—which involve the arbitrator's alleged partiality or misconduct, prejudicial procedural errors, or the lack of an agreement to arbitrate in the first place—are…”
Maiza v. King (Nev. 2016).
“Although the parties agreed to be bound by the arbitrators' decision and to waive their rights to litigate the dispute and/or appeal the arbitrators' award, both parties filed district court motions after the arbitration award issued and litigated in district court the matters…”
— Nev. Rev. Stat. § 38.241(2) — 3 cases
Casey v. Wells Fargo Bank, N.A., 290 P.3d 265 (Nev. 2012).
“242 or is vacated pursuant to NRS 38.241. (Emphasis added.) In denying Casey’s motion to strike, the district court relied on NRS 38.”
3535 LV Newco LLC v. Int'l All. of Theatrical Stage Employees, Moving Picutre Technicians, Artists, & Allied Crafts of the United States, Its Territories, & Canada, Local 720, Las Vegas, Nevada (D. Nev. 2025).
“Therefore, the statute of limitations to file a petition to vacate an 20 arbitration award under NRS § 38.241(2) applies in this case, and as such the motion “must be 21 made within 90 days after the movant receives notice of the award pursuant to NRS § 38.”
— Nev. Rev. Stat. § 38.241(3) — 1 case
— Nev. Rev. Stat. § 38.241(l)(d) — 1 case
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