A. Before an arbitrator is appointed and is authorized and able to act, the court, upon application and motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.
§ 1859.Appointment of Arbitrator
Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceLets a court grant provisional remedies to protect an arbitration before an arbitrator is appointed, lets the arbitrator issue or revise those remedies afterward, and confirms that seeking one doesn't waive a party's right to arbitrate.
Full Text of § 1859
B. After an arbitrator is appointed and is authorized and able to act:
1. The arbitrator may issue such further or revised orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and
2. A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.
C. A party does not waive a right of arbitration by making an application and motion under subsection A or B of this section.
Amendment History
Added by Laws 2005, SB 873, c. 364, §9, eff. 1/1/2006.
Plain-English Summary
Before an arbitrator is appointed and able to act, this section lets a court step in on a party's motion, for good cause shown, and enter provisional remedies to protect the effectiveness of the coming arbitration -- the same kind of remedies, on the same conditions, a court could grant in an ordinary civil action.
Once an arbitrator is appointed and able to act, that authority largely shifts to the arbitrator, who may issue new or revised provisional remedies, including interim awards, to protect the proceeding and promote a fair and prompt resolution. A party can still go back to court for a provisional remedy at that point, but only if the matter is urgent and the arbitrator either can't act in time or can't provide an adequate remedy. Either way, asking for a provisional remedy doesn't waive a party's right to arbitrate.
Frequently Asked Questions
Can you get a court order to preserve the status quo before an arbitrator is picked?
Yes. This section lets a court, on motion and for good cause shown, enter provisional remedies to protect the effectiveness of the arbitration before an arbitrator is appointed and able to act.
Once the arbitrator is in place, do they take over provisional remedies?
Largely, yes. The arbitrator may issue further or revised provisional remedies, including interim awards, to protect the proceeding, and a party may go to court instead only if the matter is urgent and the arbitrator can't act in time or provide an adequate remedy.
Does asking a court for a preliminary order waive my right to arbitrate?
No. Subsection C says a party doesn't waive the right to arbitration by making a motion for a provisional remedy under this section.
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
Also known as: provisional remedies pending arbitration oklahoma12 O.S. § 1859interim award arbitrator oklahomainjunction before arbitration starts oklahoma