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Ingly, in order for an arbitration agreement to be valid, some specific conditions shall be met: (i) the mutual intention to arbitrate, (ii) the written form, (iii) the arbitrability, and (iv) the specific or identifiable dispute.
Arbitration is a private, informal process by which all parties agree, in writing, to submit their disputes to one or more impartial persons authorized to resolve the controversy by rendering a final and binding decision called an Award.
A party is deceived, intimidated, or coerced during the execution of the arbitration agreement and requests a declaration that such arbitration agreement is invalid; and. The arbitration agreement violates prohibitions specified by the law.
This law provides that arbitration agreements are generally valid and enforceable. The major exception to this provision is that the arbitration agreement is not enforceable if it violates the general law of contracts ? which applies to all contracts under the law of the state that governs the agreement.
Nevada's Specific Authorization Rule This rule renders only the arbitration provision ?void and unenforceable? if an underlying contract is devoid of ?specific authorization? indicating that the person has affirmatively agreed to that provision. NRS 597.995(1).
First, any valid arbitration agreement must reflect the conscious, mutual and free will of the parties to resort to arbitration and not to other means of dispute resolution, including State courts. The consent of both parties to submit their dispute to arbitration is the cornerstone of arbitration.
An arbitration agreement is 'null and void', if it does not have a legal effect due to the absence of consent.