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§ 1857.Agreement

Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceMakes a written arbitration agreement valid, enforceable, and irrevocable except on ordinary contract-revocation grounds, and divides authority between court and arbitrator over whether an agreement exists, whether it's enforceable, and whether a condition precedent to arbitrating has been met.

Full Text of § 1857

Text sizeJump to: (A) (B) (C) (D)

A. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.
B. If necessary, a court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
C. An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
D. If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

Amendment History

Added by Laws 2005, SB 873, c. 364, §7, eff. 1/1/2006.

Plain-English Summary

Section 1857 states the core rule that makes arbitration enforceable in Oklahoma: an agreement in a record to submit an existing or future controversy to arbitration is valid, enforceable, and irrevocable, except on a ground that would let a court revoke any other kind of contract -- fraud, duress, unconscionability, and the like.

The section then splits decision-making authority between the court and the arbitrator. If it's necessary, a court decides whether an agreement to arbitrate exists at all, or whether a particular controversy falls within one. But once that threshold question is settled, the arbitrator decides whether a condition precedent to arbitrability has been met and whether a contract containing a valid arbitration clause is otherwise enforceable -- a division similar to the rule federal courts apply under the Federal Arbitration Act, where a challenge to the contract as a whole generally goes to the arbitrator while a challenge to the arbitration clause itself, or to whether an agreement exists, goes to the court.

Subsection D addresses timing when a party fights the existence or scope of an arbitration agreement in court: the arbitration proceeding may continue while that issue works its way through the court, unless the court orders otherwise. A pending court challenge doesn't automatically freeze the arbitration.

Frequently Asked Questions

Can a court refuse to enforce my arbitration agreement just because I've changed my mind?

No. Section 1857 makes an agreement to arbitrate valid, enforceable, and irrevocable, except on a ground that exists at law or in equity to revoke a contract generally, such as fraud or duress.

Who decides whether my dispute is covered by an arbitration clause -- the court or the arbitrator?

A court decides whether an agreement to arbitrate exists or whether a controversy is subject to one, if that's necessary, but the arbitrator decides whether a condition precedent to arbitrability has been fulfilled and whether the contract is otherwise enforceable.

If I challenge the arbitration agreement in court, does the arbitration stop?

Not automatically. Subsection D lets the arbitration proceeding continue while the court resolves the challenge, unless the court orders otherwise.

Does this section work like federal arbitration law?

The split it draws -- courts decide whether an agreement exists, arbitrators decide questions about the contract's enforceability -- tracks the approach federal courts take under the Federal Arbitration Act.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
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