The Use of Summary Judgment Motions in Arbitration Proceedings In Nevada

Posted by: on Mon, Nov 05, 2012

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The rules regarding granting dispositive motions are not uniform among the various private arbitration services utilized by parties and law firms in the United States. For example, Judicial Arbitration and Mediation Services (“JAMS”), which has a significant presence in Las Vegas, and has a number of Las Vegas attorneys on its panel, expressly authorizes arbitration parties to file motions seeking “summary disposition” of claims or issues in all types of arbitration proceedings. Specifically, JAMS Rule 18 provides, in pertinent part, as follows: “The Arbitrator may permit any Party to file a Motion for Summary Disposition of a particular claim or issue, either by agreement of all interested Parties or at the request of one Party, provided other interested Partieshavereasonablenoticetorespondtotherequest.”[1]

Similarly, ADR Services, Inc., has adopted Rule 18, which provides, in part: “A party or representative of a party may make a motion for summary adjudication of a particular claim or issue to be decided by the arbitrator either by agreement of all interested parties or at the request of one party.”[2]

On the other hand, the Arbitration Rules of Alternative Resolution Centers (“ARC”) [3] and the Commercial Arbitration Rules of the American Arbitration Association (“AAA” )[4] do NOT grant parties the express authority to file, or the arbitrator express authority to entertain or grant, dispositive motions (i.e., motions to dismiss or motions for summary judgment) in commercial arbitrations. Interestingly, however, the AAA expressly authorizes dispositive motions in construction industry arbitrations.[5] In any event, both the AAA and ADR Services, allow arbitrators to grant relief which would expedite the proceedings.[6]


[1] Available at http://www.jamsadr.com/rules-comprehensive-arbitration/#Rule 18.

[2] Available at http://www.adrservices.org/pdf/ADR ARBITRATION RULES 1.07.pdf, p. 6.

[3] Available at http://www.arc4adr.com/arbitration.pdf.

[4] Available at http://www.adr.org/sp.asp?id=22440.

[5] See AAA Construction Industry Arbitration Rules, Rule R-31(b) (“The arbitrator shall entertain motions, including motions that dispose of all or part of a claim, or that may expedite the proceedings”) (available at http://www.adr.org/sp.asp?id=22004#R31). Also note that AAA is considering potential changes and additions to its Commercial Arbitration Rules. See http://www.adr.org/sp.asp?id=28780.

[6] See ARC Arbitration Rules, Rule 9 (“Once an arbitrator is selected, the parties may request, or the arbitrator may require, that a pre-hearing conference or case management meeting be scheduled to arrange for the exchange of information, stipulations as to uncontested facts, or other matters which will expedite the arbitration proceeding” (emphasis added) and AAA Commercial Rules, Rule R-30(b) (“The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the resolution of the dispute and may direct the order of proof, bifurcate proceedings and direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case”) (emphasis added).

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