10.7.19 update: In MMAWC, LLC v. Zion Wood Obiu Wan Trust, 135 Nev. Adv. Op. 38, __ P.3d __ (2019), the Nevada Supreme Court ruled that NRS 597.995 is preempted by the FAA.
UPDATE NOTATION: See Is Your Arbitration Agreement Void, or Enforceable Nevada? for an important update on this topic.
In 2013, Nevada’s legislature passed a law which holds that contracts failing to provide “specific authorization” that the parties have “affirmatively agreed” to an arbitration provision are “void and unenforceable.” The law, Nevada Revised Statute 597.995, does not apply to collective bargaining agreements. The legislature does not explain what is required in order to provide “specific authorization,” but presumably, a separate initial of the parties next to the arbitration provision would suffice to satisfy a tribunal.
Jay Young is a Las Vegas, Nevada arbitrator and mediator with a successful neutrals practice. His mediator, arbitrator, and ADR training include: 36 hour ADR certification in 1994. 40 hour mediator training. Appointed by the Nevada Supreme Court as a Nevada Supreme Court Settlement Judge. Appointed by the Nevada Supreme Court as an Arbitrator (2003-Present) in the 8th Judicial District Court (Las Vegas, Clark County, Nevada). Judge Pro Tem (2011-present). Appointed Special Master to the Business Court, 8th Judicial District Court (Las Vegas, Clark County, Nevada). Arbitrator and Mediator for American Arbitration Association (Complex Commercial Litigation Arbitration and Mediation National Panel Member); Better Business Bureau Arbitrator. Arbitrated and/or mediated over 250 disputes. Training courses include: Supreme Court of Nevada: “Impasse Prevention & Communication”; Supreme Court of Nevada: “Implied Bias”; Supreme Court of Nevada: “Breaking Impasse”; Supreme Court of Nevada: “Ethics, Comprehensive Review”; AAA Arbitrator Subpoenas: Are They Worth the Paper They’re Printed On?, 2015; AAA Roundtable – Las Vegas, 2015; AAA Essential Mediation Skills for the New Mediator, 2015; AAA Fundamentals of Effective Mediation Advocacy, 2015; AAA Confronting Arbitrability & Jurisdiction in Arbitration, 2015; AAA Award Writing, 2014; AAA Arbitration Fundamentals and Best Practices for New AAA Arbitrators, 2013; AAA “Arbitrator’s Role, Authority, and Responsibility”; AAA “Arbitrator’s Ethics, Practice Standards and Disclosures”; AAA “Preparing for and Conducting a Preliminary Hearing”; AAA: “Managing Issues Involving Self-Represented Parties”; AAA: “Managing Evidentiary Hearing Issues”; AAA: “Managing Panel Dynamics”; AAA: “Preparing for and Writing the Award”; AAA: “Managing Post-Hearing Issues”; Better Business Bureau, Arbitrator Training, 2006; “Succeeding In Mediation,” AAA, 2003; “Mediation and Arbitration Advocacy”; AAA, 2002, “Cutting Edge Negotiation Strategies for Lawyers”; Negotiation Strategy Institute, 2002; “Arbitrator Training,” Supreme Court of Nevada, State Bar of Nevada, 2000; “Arbitration 101”, Clark County Bar Association, 1994.