Qualifications of arbitrators

(a) Each commissioner or the arbitration judge shall create and maintain a panel of arbitrators consisting of attorneys licensed to practice law in Nevada. An applicant must have a juris doctorate degree and 8 years of work experience in their area of expertise. Arbitrators must be licensed to practice law in Nevada and shall have practiced law a minimum of 8 years in any jurisdiction. An application for appointment to the panel of arbitrators is filed with the admissions director of the State Bar of Nevada on a form approved by the supreme court, together with a $150 application fee. The state bar shall investigate the applicant’s qualifications and fitness to serve as an arbitrator, including, but not limited to, verification of the applicant’s educational background, employment history, professional licensure and any related disciplinary proceedings, and criminal history. No later than 90 days from the date of referral, the state bar shall transmit to the supreme court a certificate concerning the applicant’s qualifications and fitness, as follows: (1) whether the applicant meets the minimum experience requirements of this rule; (2) whether the applicant has been subject to disciplinary proceedings involving any license; if so, the nature and result of those proceedings; (3) whether the applicant has a criminal history; if so, the details of that history; (4) whether the applicant has ever been named as a defendant in any proceeding involving fraud, misappropriation of funds, misrepresentation or breach of fiduciary duty; if so, the nature and resolution of such proceedings; and (5) whether the state bar’s investigation revealed any other matter pertinent to the applicant’s qualifications or fitness; if so, the details of the matter and how it relates to the applicant’s potential service as an arbitrator. (b) Arbitrators shall be required to complete an arbitrator training program biennially in conjunction with their selection to the panel. The program completed must be one offered by the State Bar of Nevada specific to the Court Annexed Arbitration Program or, alternatively, a program that is approved for continuing legal education credits in Nevada for the same number of hours as the state bar’s program. The court may also require arbitrators to complete additional training sessions or classes. Arbitrators must complete at least 3 hours of continuing legal education from courses deemed appropriate by the commissioner or the arbitration judge biennially. Failure to do so may constitute grounds for temporary suspension or removal from the panel of arbitrators. (c) Arbitrators shall affirm an oath to uphold these rules of the program, the Nevada Code of Judicial Conduct (NCJC), and the laws of the State of Nevada by any person authorized to administer the official oath under NRS 281.030 (3). (d) Within 7 days of appointment, an arbitrator must disclose known facts likely to affect the impartiality of the arbitrator, including those required by NRS 38.227 . An arbitrator who would be disqualified for any reason that would disqualify a judge under the NCJC, Canon 2, Rule 2.1 or NRS 38.226 (2), shall immediately recuse themself or be withdrawn as an arbitrator. (e) Any party may challenge the appointment of an arbitrator by filing an affidavit specifying the facts upon which the disqualification is sought. The affidavit of a party represented by an attorney must be accompanied by a certificate of the attorney of record that the affidavit is filed in good faith and not interposed for delay. Any challenge to the appointment of an arbitrator must be filed within 14 days of the arbitrator’s appointment or within 14 days of any disclosure required by these rules, whichever is later. Any challenge shall be referred to the commissioner or the arbitration judge for a final determination. [Added; effective July 1, 1992; amended; effective July 26, 2024.]