Nevada § 38.221 - Motion to compel or stay arbitration

§ 38.221. Motion to compel or stay arbitration

1. On motion of a person showing an agreement to arbitrate and alleging another person's

refusal to arbitrate pursuant to the agreement: (a) If the refusing party does not appear or does not oppose the motion, the court

shall order the parties to arbitrate; and (b) If the refusing party opposes the motion, the court shall proceed summarily to

decide the issue and order the parties to arbitrate unless it finds that there is

no enforceable agreement to arbitrate. 2. On motion of a person alleging that an arbitral proceeding has been initiated or

threatened but that there is no agreement to arbitrate, the court shall proceed summarily

to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall

order the parties to arbitrate. 3. If the court finds that there is no enforceable agreement, it may not, pursuant

to subsection 1 or 2, order the parties to arbitrate. 4. The court may not refuse to order arbitration because the claim subject to arbitration

lacks merit or grounds for the claim have not been established. 5. If a proceeding involving a claim referable to arbitration under an alleged agreement

to arbitrate is pending in court, a motion under this section must be made in that

court. Otherwise, a motion under this section may be made in any court as provided in NRS 38.246 . 6. If a party makes a motion to the court to order arbitration, the court on just

terms shall stay any judicial proceeding that involves a claim alleged to be subject

to the arbitration until the court renders a final decision under this section. 7. If the court orders arbitration, the court on just terms shall stay any judicial

proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay

to that claim.