Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceLists six grounds for a court to vacate an arbitration award -- fraud, arbitrator partiality or misconduct, procedural unfairness at the hearing, an arbitrator exceeding their powers, no agreement to arbitrate, or improper notice of initiation -- and sets a ninety-day deadline to raise them.
A.Upon an application and motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
1.The award was procured by corruption, fraud, or other undue means;
c.misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
3.An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to Section 6 of this act, so as to prejudice substantially the rights of a party to the arbitration proceeding;
5.There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under subsection C of Section 16 of this act not later than the beginning of the arbitration hearing; or
6.The arbitration was conducted without proper notice of the initiation of an arbitration as required in Section 10 of this act so as to prejudice substantially the rights of a party to the arbitration proceeding.
B.An application and motion under this section must be filed within ninety (90) days after the movant receives notice of the award pursuant to Section 20 of this act or within ninety (90) days after the movant receives notice of a modified or corrected award pursuant to Section 21 of this act, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety (90) days after the ground is known or by the exercise of reasonable care would have been known by the movant.
C.If the court vacates an award on a ground other than that set forth in paragraph 5 of subsection A of this section, it may order a rehearing. If the award is vacated on a ground stated in paragraph 1 or 2 of subsection A of this section, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in paragraph 3, 4 or 6 of subsection A of this subsection, the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in subsection B of Section 20 of this act for an award.
D.If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
Amendment History
Added by Laws 2005, SB 873, c. 364, §24, eff. 1/1/2006.
Plain-English Summary
Section 1874 is Oklahoma's roadmap for undoing an arbitration award. On a party's motion, the court must vacate an award made in the arbitration if: it was procured by corruption, fraud, or other undue means; there was evident partiality by a neutral arbitrator, corruption by an arbitrator, or arbitrator misconduct that prejudiced a party's rights; an arbitrator refused to postpone the hearing on a sufficient showing of cause, refused to consider material evidence, or otherwise ran the hearing in a way that violated the Act's procedural requirements and substantially prejudiced a party; an arbitrator exceeded their powers; there was no agreement to arbitrate at all, unless the objecting party took part in the arbitration without raising that objection before the hearing began; or the arbitration went forward without the proper notice of initiation Section 1860 requires, substantially prejudicing a party's rights.
A motion to vacate has a firm deadline: ninety days after the movant receives notice of the award, or ninety days after receiving notice of a modified or corrected award. The one exception is a motion alleging the award was procured by corruption, fraud, or other undue means -- that motion must be made within ninety days after the movant discovers the ground, or after the movant, exercising reasonable care, would have discovered it.
Vacating the award doesn't necessarily end the case. If the court vacates on any ground except the no-agreement-to-arbitrate ground, it may order a rehearing; if it vacated for fraud or arbitrator partiality or corruption, the rehearing must go before a new arbitrator, while a vacatur for the hearing-conduct, exceeded-powers, or improper-notice grounds may go back to the original arbitrator or a successor. The arbitrator then has the same amount of time to decide the rehearing as Section 1870(B) allows for an award generally. And if the court denies the motion to vacate, it must confirm the award, unless a motion to modify or correct it is still pending.
Frequently Asked Questions
What are the grounds to vacate an arbitration award in Oklahoma?
Section 1874 lists six: the award was procured by corruption, fraud, or other undue means; there was evident partiality, corruption, or misconduct by an arbitrator; the arbitrator ran the hearing unfairly in a way that substantially prejudiced a party; the arbitrator exceeded their powers; there was no agreement to arbitrate; or the arbitration lacked proper notice of initiation.
How long do I have to file a motion to vacate an arbitration award?
Ninety days after receiving notice of the award or of a modified or corrected award -- except for a fraud or corruption claim, which must be filed within ninety days of discovering, or reasonably having discovered, the ground.
If I object that the arbitrator exceeded their authority, do I lose that argument by showing up to the hearing?
Only the no-agreement-to-arbitrate ground can be lost that way -- Section 1874(A)(5) is waived if the objecting party participates in the arbitration without raising it before the hearing begins.
If a court vacates an award for arbitrator bias, does the case go back to the same arbitrator?
No. A vacatur based on corruption, fraud, or arbitrator partiality or corruption requires the rehearing to go before a new arbitrator; other grounds allow a rehearing before the original arbitrator or a successor.
What happens if the court refuses to vacate the award?
The court must confirm the award, unless a motion to modify or correct it under Section 1871 or 1875 is still pending.
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:how to vacate an arbitration award in oklahoma12 O.S. § 1874grounds to overturn arbitration award oklahoma90 day deadline vacate arbitration award