A. An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence, as well as ask questions of any witnesses during the proceedings.
§ 1866.Role of Arbitrator
Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceGives the arbitrator broad authority to conduct a fair, prompt proceeding -- deciding evidence questions, ruling on summary disposition, setting and adjourning the hearing -- while guaranteeing each party the right to be heard, present evidence, and cross-examine witnesses.
Full Text of § 1866
B. An arbitrator may decide a request for summary disposition of a claim or particular issue:
1. If all interested parties agree; or
2. Upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.
C. If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five (5) days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
D. At a hearing under subsection C of this section, a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
E. If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with Section 12 of this act to continue the proceeding and to resolve the controversy.
Amendment History
Added by Laws 2005, SB 873, c. 364, §16, eff. 1/1/2006.
Plain-English Summary
Section 1866 hands the arbitrator broad control over how the arbitration runs. The arbitrator may conduct the proceeding however seems appropriate for a fair and prompt disposition, including holding pre-hearing conferences and deciding the admissibility, relevance, materiality, and weight of evidence, as well as questioning witnesses directly. The arbitrator may also decide a request for summary disposition of a claim or issue, either when all interested parties agree or when one party asks for it after giving the others notice and a reasonable chance to respond.
Once the arbitrator sets a hearing, it must come with notice at least five days ahead of time. A party who wants to object to missing or insufficient notice has to do so before the hearing starts, or the objection is waived by showing up. The arbitrator can adjourn the hearing for good cause or on their own initiative, but generally can't push it past the date the agreement sets for making the award, unless the parties consent to a later one. And the arbitrator can decide the case on the evidence presented even if a party who got proper notice doesn't show up. A court, on request, may direct the arbitrator to hold the hearing promptly and rule in a timely way.
At the hearing, each party has the right to be heard, to present evidence material to the dispute, and to cross-examine the witnesses who appear. And if an arbitrator can no longer serve during the proceeding, Section 1862 governs how a replacement gets appointed to carry the case forward.
Frequently Asked Questions
How much notice do I get before an arbitration hearing in Oklahoma?
At least five days, under Section 1866(C), and an objection to missing or insufficient notice must be raised before the hearing begins or it's waived by appearing.
Can the arbitrator decide my case without a full hearing?
Yes, through summary disposition of a claim or issue, either if all interested parties agree or if one party requests it after giving the others notice and a reasonable opportunity to respond.
What if I don't show up to the arbitration hearing?
The arbitrator may still hear and decide the case on the evidence presented, even though a party who was duly notified didn't appear.
Do I get to cross-examine witnesses at an arbitration hearing?
Yes. Section 1866(D) gives each party the right to be heard, present material evidence, and cross-examine witnesses at the hearing.
Can the arbitrator postpone the hearing past the deadline for making the award?
Only if the parties consent to a later date -- otherwise the arbitrator generally can't adjourn the hearing to a time later than the agreement fixes for making the award.
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: arbitration hearing procedure oklahoma12 O.S. § 1866arbitrator summary disposition power oklahomapostponing an arbitration hearing oklahoma