§ 1857.Agreement
Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1857
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.