A. In applying and construing the Uniform Arbitration Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 1880.Considerations of Conformity
Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceDirects courts applying Oklahoma's Uniform Arbitration Act to promote uniformity with other enacting states and, to the extent federal law allows, to closely scrutinize one-sided arbitration clauses in standard-form contracts for unconscionability.
Full Text of § 1880
B. In applying and construing the Uniform Arbitration Act, to the extent permitted by federal law, recognition shall be given to the following considerations as applicable:
1. Agreements to arbitrate are often included in standard forms prepared by one party and in a context where there is little or no ability to negotiate or change the terms of the agreement to arbitrate; and
2. In such cases, clauses providing for the location for arbitration, for the expenses of arbitration, denying the ability to consolidate arbitrations or to have arbitration for a class of persons involving substantially similar issues, and for other matters that may represent a serious disadvantage to the party or parties that did not prepare the form shall be closely reviewed for unconscionability based on unreasonable one-sidedness and understandable or unnoticeable language or lack of meaningful choice and for balance and fairness in accordance with reasonable standards of fair dealing.
Amendment History
Added by Laws 2005, SB 873, c. 364, §30, eff. 1/1/2006.
Plain-English Summary
Section 1880 sets two interpretive lodestars for courts applying the Uniform Arbitration Act. Subsection A calls for promoting uniformity of the law among the states that have enacted the same model act, so Oklahoma courts don't drift too far from how other jurisdictions read the same language.
Subsection B addresses standard-form arbitration clauses -- the kind included in a contract one party drafted, with little or no room for the other side to negotiate. To the extent federal law allows, courts must closely review clauses covering the arbitration's location, its expenses, bans on consolidating arbitrations or proceeding as a class, and other terms that could seriously disadvantage the party who didn't draft the contract, checking for unconscionability based on unreasonable one-sidedness, hard-to-notice or hard-to-understand language, a lack of meaningful choice, and a failure to meet reasonable standards of fair dealing. The "to the extent permitted by federal law" qualifier matters: federal arbitration law limits how far a state can go in singling out arbitration clauses, as opposed to contract terms generally, for special scrutiny.
Frequently Asked Questions
Can an Oklahoma court strike down an arbitration clause as unconscionable?
Section 1880(B) directs courts, to the extent federal law permits, to closely review one-sided arbitration terms in standard-form contracts for unconscionability, considering factors like unreasonable one-sidedness, hard-to-notice language, and lack of meaningful choice.
Does this section target class-action waivers in arbitration clauses?
It lists clauses denying the ability to consolidate arbitrations or to arbitrate as a class for similar claims among the terms courts should closely review for unconscionability.
Why does this section say "to the extent permitted by federal law"?
Federal arbitration law restricts how far state law can go in applying special scrutiny to arbitration clauses specifically, rather than to contract terms generally, so the statute conditions its unconscionability review on what federal law allows.
Why does Oklahoma care about uniformity with other states' arbitration laws?
Subsection A directs courts to give consideration to promoting uniformity because Oklahoma enacted a model act that other states have also adopted, and consistent interpretation makes the law more predictable across state lines.
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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