Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceRequires an arbitrator to disclose, before accepting appointment and continuously afterward, any known facts a reasonable person would think likely to affect impartiality, and makes an undisclosed conflict of a neutral arbitrator presumptive evident partiality for vacating the award.
A.Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including but not limited to:
1.A financial or personal interest in the outcome of the arbitration proceeding; and
2.An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or another arbitrator.
B.An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.
C.If an arbitrator discloses a fact required by subsection A or B of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under paragraph 2 of subsection A of Section 24 of this act for vacating an award made by the arbitrator.
D.If the arbitrator did not disclose a fact as required by subsection A or B of this section, upon timely objection by a party, the court under paragraph 2 of subsection A of Section 24 of this act may vacate an award.
E.An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under paragraph 2 of subsection A of Section 24 of this act.
F.If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to an application and motion to vacate an award on that ground under paragraph 2 of subsection A of Section 24 of this act.
Amendment History
Added by Laws 2005, SB 873, c. 364, §13, eff. 1/1/2006.
Plain-English Summary
Section 1863 puts disclosure duties on anyone asked to serve as an arbitrator. Before accepting the appointment, and after making reasonable inquiry, the prospective arbitrator must disclose to the parties and any other arbitrators any known facts a reasonable person would consider likely to affect impartiality -- including a financial or personal interest in how the case comes out, and any existing or past relationship with the parties, their counsel or representatives, a witness, or another arbitrator. That duty doesn't end at acceptance: subsection B makes it continuing, covering facts the arbitrator learns later that a reasonable person would consider likely to affect impartiality.
The consequences of disclosure, or the lack of it, connect directly to Section 1874's grounds for vacating an award. If an arbitrator discloses a required fact and a party timely objects to the arbitrator's appointment or continued service based on it, that objection may support vacating the award under Section 1874(A)(2). If the arbitrator should have disclosed a fact and didn't, a timely objection lets the court vacate the award on the same ground.
Subsection E goes further for neutral arbitrators specifically: one who doesn't disclose a known, direct, and material interest in the outcome, or a known, existing, and substantial relationship with a party, is presumed to have acted with evident partiality under Section 1874(A)(2) -- shifting the burden onto the arbitrator or the party defending the award. And if the parties agreed to an arbitration organization's challenge procedures, or other procedures for challenging arbitrators before the award issues, substantial compliance with those procedures is a condition to raising nondisclosure as a ground to vacate.
Frequently Asked Questions
What must an arbitrator disclose before taking a case in Oklahoma?
Any known facts, after reasonable inquiry, that a reasonable person would consider likely to affect the arbitrator's impartiality -- including financial or personal interests in the outcome and relationships with the parties, their counsel, a witness, or another arbitrator.
Does the arbitrator's disclosure duty end once the case starts?
No. Subsection B makes it a continuing obligation to disclose facts the arbitrator learns after accepting the appointment.
What happens if my arbitrator hid a conflict of interest?
A timely objection after learning of an undisclosed fact can support vacating the award under Section 1874(A)(2), and if the arbitrator was supposed to be neutral and didn't disclose a known, direct, material conflict, the law presumes evident partiality.
If the arbitrator discloses a conflict and I object anyway, can that undo the award?
It can support a motion to vacate under Section 1874(A)(2), provided the objection to the arbitrator's appointment or continued service was timely.
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:arbitrator disclosure requirements oklahoma12 O.S. § 1863evident partiality arbitrator oklahomaarbitrator failed to disclose conflict of interest