Hrpv v. Nevada Property 1 ( 2015 )

 motion to reconsider and to vacate the arbitrator's award, which the
district court denied. This appeal followed.
The district court did not err in confirming the award and
denying appellant's motion to vacate it. Appellant did not demonstrate
that the arbitrator overlooked statutory requirements or manifestly
disregard the law in denying appellant's claim to rescind the contract and
awarding damages to respondent. Health Plan of Nev., Inc. v. Rainbow
Med., LLC, 120 Nev. 689, 695, 100 P.3d 172, 176-77 (2004) (providing that
an arbitration award will only be reversed if there is a statutory ground
for reversal or the arbitrator manifestly disregarded the law). Respondent
complied with the statutory disclosure requirements and while
respondent's strict compliance with NRS 116.4118, NRS 116.4119, NRS
116.12065, and NRS 116B.300 is less clear, because there is a colorable
argument that respondent either substantially complied with these
statutes or that any noncompliance does not warrant rescission, reversal
is not warranted on this ground. Health Plan, 120 Nev. at 698, 100 P.3d
at 178 (explaining that if there is a colorable justification for the outcome,
the arbitration award will be confirmed).
Further, the arbitrator did not manifestly disregard the law or
the contract in concluding that there was no material difference in the way
the Cosmopolitan was constructed or that there was no unreasonable
delay in the construction. Clark Cnty. Sch. Din. v. Rolling Plains Constr.,
Inc., 117 Nev. 101, 104, 16 P.3d 1079, 1081 (2001) (providing that this
court reviews de novo a district court's application of the manifest
disregard standard). Additionally the arbitrator did not disregard the
contractual requirement that appellant have an opportunity to inspect the
unit prior to closing because respondent provided appellant with such an
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opportunity Id. Lastly, the arbitrator did not manifestly disregard the
law in calculating damages. Id. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Saitta
AtkuusAti f J.
Pickering
cc: Hon. Elissa F. Cadish, District Judge
John Walter Boyer, Settlement Judge
Snell & Wilmer, LLP/Las Vegas
Mont E. Tanner
Eighth District Court Clerk
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