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Nevada - Chapter 13 - Interim Measures in the United States in Aid of Arbitration

Author(s): 
Louis M. Bubala III
Page Count: 
16 pages
Published: 
July, 2022
Jurisdictions: 
United States,
Nevada
Practice Areas: 
Judicial Granting of Interim Relief,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Formal Requirements,
Enforceability,
Procedure for Enforcement,
Orders for Security,
Delivery and Receipt of Communications,
Time Limits,
Powers of Arbitrators,
Relief and Remedies in General,
Third Parties in Arbitral Proceedings
Author Detail: 

Louis M. Bubala III is of counsel with Kaempfer Crowell in Las Vegas, Reno and Carson City, Nevada.  His focus is on commercial bankruptcy and litigation.  He is active with the American Bankruptcy Institute, serving on the executive committee for its Southwest Bankruptcy Conference and chairing its Las Vegas Consumer Bankruptcy Conference.  He is a past chair of the Northern Nevada Bankruptcy Bar Association.

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Description: 

Originally from Interim Measures in the United States in Aid of Arbitration

PREVIEW

1.    Are courts in your state authorized to issue orders of attachment, injunctions or other provisional orders with respect to arbitration proceedings?

Yes. The Uniform Arbitration Act of 2000 was adopted in 2001, including the provision permitting courts to issue provisional remedies. NRS 38.222.

(a)  If so, please describe the nature of any such provisional relief that is available.

Nevada does not statutorily define the available provisional relief. Nevada courts and commentators have contemplated the following relief under NRS 38.222: attachment;  temporary restraining orders or preliminary injunctions;  receivership;  and sanction for evidentiary spoliation.  Nevada statutes and cases also recognize the following remedies as provisional relief without regard to NRS 38.222: arrest and bail;  claim and delivery;  interpleader;  and lis pendens.

(b)  If so, please indicate whether this may be done before or after an arbitration is commenced.

Both. A court may order provisional remedies “before an arbitrator is appointed and is authorized and able to act.” NRS 38.222(1). After an arbitrator is able to act, a party “may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.” NRS 38.222(2)(b). See Bowers v. Southwest Homes Ltd., No. A516972, 2010 WL 4919052 (8th Jud. Dist. Ct., Clark County, Nev., Mar. 19, 2010).