Category: Arbitration Arbitrator

The American Arbitration Association Changes its Three-Arbitrator Panel Rules. Will the Change Reduce Runaway Costs?

May 16, 2017 Jay Young No Comments

For large, complex arbitration, some parties negotiate for and require three arbitrators to hear their dispute. The problem with this approach, according to the American Arbitration Association (the “AAA”), is that three-arbitrator panels cost the parties on average 5 times as much as a single arbitrator case. The AAA suggests there may be a more cost efficient…

The Lesson Transactional Attorneys Can Learn From Mohamed v. Uber: How to Draft a Better Arbitration Clause

May 12, 2017January 9, 2024 Jay Young No Comments

An opinion recently issued by the 9^th Circuit illustrates the power of a well-crafted arbitration agreement to control one’s litigation needs. The case is Mohamed v. Uber Technologies, Inc. It stands for the propositions that: 1) an arbitration agreement may delegate the question of arbitrability to an arbitrator despite federal policy that courts should decide arbitrability; and 2) an arbitration agreement containing a clear-opt out provision is neither adhesive nor unconscionable.

This decision should encourage us to write better arbitration clauses so that we can better control the litigation environment.

Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

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Alternative Dispute Resolution, Arbitration Arbitrator, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

How Do I Respond to A Subpoena in Nevada?

April 3, 2017 Jay Young No Comments

How should one properly respond to a Nevada subpoena? As is so often the case in the law, the answer is “it depends.” Let’s first discuss the different types of subpoenas and then decide on the best way to respond to them.

The post assumes that you are not a party to the litigation and that the subpoena is not for trial testimony. If that is the case, the subpoena is served for the purpose of either compelling your attendance to testify or for gathering information one of the parties thinks they need to prove their case, and is called a discovery subpoena. A discovery subpoena may require the receiving party to turn over documents, allow for the inspection of physical premises, and/or provide testimony. Nevada Rules of Civil Procedure (“NRCP”), NRCP 45(b)(1), NRCP 30(b)(1).

Jay Young

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Alternative Dispute Resolution, Arbitration Arbitrator, Business Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation, Mediation Mediator

Nevada Jury Instructions

March 10, 2017October 17, 2024 Jay Young No Comments

Read More “Nevada Jury Instructions” »

Jay Young

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Alternative Dispute Resolution, Arbitration Arbitrator, Business Law, Corporate Governance, Employment Law, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

What are Articles of Incorporation for a Nevada Corporation?

March 7, 2017 Jay Young No Comments

In Nevada, a corporation is formed when one or more persons, called “incorporators”, sign and file articles of incorporation with the Nevada Secretary of State. Roughly stated, the articles of incorporation state the intention of the incorporators to transact business as a separate legal entity

A corporation may be formed to conduct any lawful business, or to promote or conduct any legitimate object or purpose NRS 78.030(1). The articles must contain the following information:

Jay Young

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Arbitration Arbitrator, Business Law, Corporate Governance, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Nevada Statutes of Limitation

February 23, 2017January 9, 2024 Jay Young No Comments

In a civil setting, a statute of limitation sets a time limit on when one must file a civil lawsuit or lose the opportunity to do so. In other words, if the statute of limitations places a 2 year expiration on a personal injury claim, one must file the claim within two years of the injury or be subject to dismissal. The concept dates back to Roman law and is designed to prevent fraudulent or stale claims from being brought after a reasonable period of time when evidence and memories disappear regarding the events surrounding the claim. The amount of time differs depending on the nature of the claim and is set by our legislature.

Jay Young

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Arbitration Arbitrator, Business Law, Litigation

The Role and Need for Settlement Judges in Appellate Cases

September 10, 2016January 9, 2024 Jay Young No Comments

Harriett E. Cummings, Esq., in her article entitled “The Role and Need for Settlement Judges in Appellate Cases” published in the Nevada Lawyer Magazine, explains that the Nevada Supreme Court Settlement Judges “aren’t traditional judges, because they do not decide the outcome of the matter on appeal. Rather, they assist the parties in communicating their…

Arbitration Arbitrator, Mediation Mediator

What is Nevada’s Supreme Court Settlement Program?

August 26, 2016October 17, 2024 Jay Young No Comments

Nevada’s Supreme Court’s Settlement Program is an Alternative Dispute Resolution (ADR) program that was started in 1997. The Supreme Court boasts that 52% of the cases assigned to the program have settled. Considering that these are cases where the parties are so entrenched that they have taken a matter to trial and are on appeal, that record is…

Arbitration Arbitrator, Litigation, Mediation Mediator

Nevada Supreme Court Rules That Offers of Judgment Apply in Arbitration

August 16, 2016February 12, 2026 Jay Young No Comments

In WPH Architecture, Inc. v. Vegas VP, __ P.3d __, 131 Adv. Op. 88 (Nev. Nov. 5, 2015), the Nevada Supreme Court held that Rule 68 Offers of Judgment, together with statutes allowing offers of judgment in Nevada, “are substantive laws that apply to the arbitration proceedings in the current case.” In this case, the contract between the litigants required arbitration of any disputes pursuant to the American Arbitration Association’s Construction Arbitration Rules, and applying Nevada substantive law. Prior to arbitration, the claimant made a statutory and Rule 68 offer of judgment. The respondent rejected the offer of judgment, then lost at arbitration.

Jay Young

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Arbitration Arbitrator, Business Law, Employment Law, Litigation, Mediation Mediator

Nevada Supreme Court Defines Settlement Conference

August 11, 2016January 9, 2024 Jay Young No Comments

Nevada’s Rules Governing Alternative Dispute Resolution defines a Settlement Conference as: “Settlement conference” is a process whereby, with the approval of the district judge to whom the case is assigned, a district court judge not assigned to the particular case, senior judge, special master, referee or other neutral third person, conducts, in the presence of…

Arbitration Arbitrator, Business Law, Franchise Law, Litigation, Mediation Mediator

Category: Arbitration Arbitrator

The American Arbitration Association Changes its Three-Arbitrator Panel Rules. Will the Change Reduce Runaway Costs?

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The Lesson Transactional Attorneys Can Learn From Mohamed v. Uber: How to Draft a Better Arbitration Clause

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How Do I Respond to A Subpoena in Nevada?

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Nevada Jury Instructions

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The Role and Need for Settlement Judges in Appellate Cases

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Nevada Supreme Court Defines Settlement Conference

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