A. An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
§ 1872.Amount of Award
Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceAuthorizes an arbitrator to award punitive damages, attorney fees, and other remedies when the law or the parties' agreement allows it, requires the award to break out any punitive damages with its factual and legal basis, and bars refusing to confirm an award just because a court couldn't grant the same remedy.
Full Text of § 1872
B. An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
C. As to all remedies other than those authorized by subsections A and B of this section, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under Section 23 of this act or for vacating an award under Section 24 of this act.
D. An arbitrator's expenses and fees, together with other expenses, shall be paid as provided in the award.
E. If an arbitrator awards punitive damages or other exemplary relief under subsection A of this section, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.
Amendment History
Added by Laws 2005, SB 873, c. 364, §22, eff. 1/1/2006.
Plain-English Summary
Section 1872 spells out what an arbitrator can award. Punitive damages or other exemplary relief are available if the law would authorize them in a civil action involving the same claim and the evidence at the hearing justifies the award under the usual legal standards. Reasonable attorney fees and other arbitration expenses are available the same way -- if authorized by law for the same kind of civil claim, or if the parties' agreement authorizes them. Beyond those two categories, the arbitrator may order whatever other remedy seems just and appropriate under the circumstances, and the fact that a court couldn't or wouldn't grant that remedy isn't a reason to refuse to confirm the award under Section 1873 or to vacate it under Section 1874.
An arbitrator's own expenses and fees, along with other expenses, get paid however the award directs. And if the arbitrator does award punitive damages or other exemplary relief, the award has to spell out the factual basis justifying it and the legal basis authorizing it, and state the amount of that punitive or exemplary relief separately from the rest of the award.
Frequently Asked Questions
Can an arbitrator award punitive damages in Oklahoma?
Yes, if punitive damages would be authorized by law in a civil action involving the same claim and the hearing evidence justifies the award under the usual legal standards.
Can an arbitrator award attorney fees?
Yes, if the law authorizes attorney fees in a civil action on the same claim, or if the parties' arbitration agreement authorizes them.
Can an award be vacated just because a court couldn't have granted the same remedy?
No. Section 1872(C) says that fact isn't a ground for refusing to confirm the award or for vacating it.
If the arbitrator awards punitive damages, do they have to explain the amount separately?
Yes. The arbitrator must state the factual and legal basis for any punitive or exemplary relief and state that amount separately from the rest of 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
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