Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSets the procedure for a court to compel a reluctant party to arbitrate or to stop a threatened arbitration for lack of an agreement, and requires the court to stay related court proceedings once it orders or is asked to order arbitration.
A.On application and motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:
1.If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and
2.If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate. The court may also tax costs against the party opposing the motion if the court concludes the opposition was not brought in good faith.
B.On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. The court may also tax costs against the party opposing the motion if the court concludes the opposition was not brought in good faith.
C.If the court finds that there is no enforceable agreement, it may not, pursuant to subsection A or B of this section, order the parties to arbitrate.
D.The court shall not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
E.If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in Section 28 of this act.
F.If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
G.If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
Amendment History
Added by Laws 2005, SB 873, c. 364, §8, eff. 1/1/2006.
Plain-English Summary
Section 1858 is Oklahoma's mechanism for compelling arbitration. A party who shows an agreement to arbitrate and alleges another party's refusal to arbitrate can move the court for an order compelling it. If the refusing party doesn't show up or doesn't oppose the motion, the court orders arbitration. If the refusing party does oppose it, the court decides the issue summarily and orders arbitration unless it finds no enforceable agreement exists -- and it may tax costs against a party whose opposition wasn't brought in good faith.
The reverse situation works the same way: a party who believes an arbitration has been started or threatened without any agreement to arbitrate can move the court to decide that question summarily, and the court orders arbitration if it finds an enforceable agreement does exist. Either way, the court can't order arbitration once it finds there's no enforceable agreement, and it can't refuse to compel arbitration merely because the underlying claim looks weak or its grounds haven't yet been proven -- the merits of the claim are for the arbitrator to sort out, not the gatekeeping court.
Once a motion to compel is filed, the court must stay, on just terms, any pending court proceeding involving a claim that's subject to the arbitration, until it decides the motion. If it grants the motion, that stay continues; if only part of the case is arbitrable, the court can limit the stay to that severable claim rather than freezing the whole case.
Frequently Asked Questions
How do you compel arbitration in Oklahoma?
File an application and motion showing an agreement to arbitrate and the other party's refusal to arbitrate under it; the court orders arbitration unless it finds there's no enforceable agreement.
Can a court refuse to order arbitration because it thinks the underlying claim is weak?
No. Section 1858(D) says the court can't refuse to order arbitration because the claim lacks merit or its grounds haven't been established.
What happens to a pending lawsuit once someone moves to compel arbitration?
The court must stay, on just terms, any judicial proceeding involving a claim subject to the arbitration, until it decides the motion -- and it continues that stay if it grants the motion.
Can I get costs for opposing a bad-faith motion to compel or stop arbitration?
The statute lets the court tax costs against a party whose opposition to compelling -- or to stopping -- arbitration wasn't brought in good faith.
Where do I file a motion to compel arbitration if a case is already in court?
In that same court. If no case is pending, Section 1878 sets out which county's court the motion may be filed in instead.
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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