Nev. Admin. Code § 467.103 - Arbitration: Contract; notice; procedure; telephonic appearance; hearing; evidence; right to attorney; immunity
1. A contract
between an unarmed combatant and a manager that is executed and notarized on a
form provided by the Commission may provide for binding arbitration of
disputes. The Commission may, in its discretion, provide for binding
arbitration on a contract that is not executed and notarized on a form provided
by the Commission if the interested parties agree to binding
arbitration.
2. A party seeking
arbitration of a contract must initiate the arbitration process by serving a
notice of arbitration to the other party or parties to the agreement by
personal service or by certified or registered mail, return receipt requested.
The notice of arbitration must describe the nature of the controversy and the
remedy sought. After a party provides proof of service of the notice of
arbitration to the Commission, the Chair shall, in his or her discretion,
appoint a representative of the Commission to conduct the
arbitration.
3. The arbitrator may
conduct the arbitration in such manner as the arbitrator considers appropriate
for a fair and expeditious disposition of the proceeding, in accordance with
the following:
(a) The authority conferred
upon the arbitrator includes, without limitation, the power to hold conferences
with the parties to the arbitral proceeding before the hearing and the power to
determine the admissibility, relevance, materiality and weight of any
evidence.
(b) The arbitrator may
issue a subpoena for the attendance of a witness and for the production of
records and other evidence at the hearing. If the arbitrator issues a subpoena,
the arbitrator must serve the subpoena by personal service or by certified or
registered mail, return receipt requested. All laws compelling a person under
subpoena to testify as a witness, as well as all associated fees, apply to the
arbitration as if the controversy were the subject of a civil action in the
courts of this State.
(c) The
arbitrator may permit such discovery as the arbitrator decides is appropriate
in the circumstances, taking into account the needs of the parties to the
arbitral proceeding and other affected persons, and the desirability of making
the proceeding fair, expeditious and cost-effective.
(d) The arbitrator may issue a protective
order to prevent the disclosure of privileged information, confidential
information, trade secrets and other information protected from disclosure to
the extent a court could if the controversy were the subject of a civil action
in the courts of this State.
4. If a party to the arbitration seeks to
make its appearance at the arbitration telephonically, that party must obtain
permission from the arbitrator. Requests for telephonic appearances must be
submitted to the arbitrator at least 48 hours before the scheduled start of the
arbitration.
5. The arbitrator
shall set a date, time, and location for the hearing and shall, not less than 5
days before the time of the hearing, give notice of the hearing. Unless a party
to the arbitral proceeding makes an objection to lack or insufficiency of
notice before the beginning of the hearing, the party's appearance at the
hearing waives the objection. The arbitrator has the discretion to grant any
continuance of the hearing.
6. The
arbitrator may hear and decide the controversy upon the evidence produced
although a party who was duly notified of the arbitral proceeding did not
appear.
7. A party to an arbitral
proceeding may be represented by an attorney.
8. An arbitrator acting in that capacity
pursuant to this section is immune from civil liability to the same extent as a
judge of a court in this State who is acting in a judicial capacity.
Notes
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