Okla. Stat. tit. 12, § 12-1858
This is the official text of Okla. Stat. tit. 12, § 12-1858, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Court order of arbitration
Official statutory text
A. On application and motion of a person showing an agreement
to arbitrate and alleging another person’s refusal to arbitrate
pursuant to the agreement:
1. If the refusing party does not appear or does not oppose the
motion, the court shall order the parties to arbitrate; and
2. If the refusing party opposes the motion, the court shall
proceed summarily to decide the issue and order the parties to
arbitrate unless it finds that there is no enforceable agreement to
arbitrate. The court may also tax costs against the party opposing
the motion if the court concludes the opposition was not brought in
good faith.
B. On motion of a person alleging that an arbitration
proceeding has been initiated or threatened but that there is no
agreement to arbitrate, the court shall proceed summarily to decide
the issue. If the court finds that there is an enforceable
agreement to arbitrate, it shall order the parties to arbitrate.
The court may also tax costs against the party opposing the motion
if the court concludes the opposition was not brought in good faith.
C. If the court finds that there is no enforceable agreement,
it may not, pursuant to subsection A or B of this section, order the
parties to arbitrate.
D. The court shall not refuse to order arbitration because the
claim subject to arbitration lacks merit or grounds for the claim
have not been established.
E. If a proceeding involving a claim referable to arbitration
under an alleged agreement to arbitrate is pending in court, a
motion under this section must be made in that court. Otherwise, a
Oklahoma Statutes - Title 12. Civil Procedure Page 359
motion under this section may be made in any court as provided in
Section 28 of this act.
F. If a party makes a motion to the court to order arbitration,
the court on just terms shall stay any judicial proceeding that
involves a claim alleged to be subject to the arbitration until the
court renders a final decision under this section.
G. If the court orders arbitration, the court on just terms
shall stay any judicial proceeding that involves a claim subject to
the arbitration. If a claim subject to the arbitration is
severable, the court may limit the stay to that claim.
to arbitrate and alleging another person’s refusal to arbitrate
pursuant to the agreement:
1. If the refusing party does not appear or does not oppose the
motion, the court shall order the parties to arbitrate; and
2. If the refusing party opposes the motion, the court shall
proceed summarily to decide the issue and order the parties to
arbitrate unless it finds that there is no enforceable agreement to
arbitrate. The court may also tax costs against the party opposing
the motion if the court concludes the opposition was not brought in
good faith.
B. On motion of a person alleging that an arbitration
proceeding has been initiated or threatened but that there is no
agreement to arbitrate, the court shall proceed summarily to decide
the issue. If the court finds that there is an enforceable
agreement to arbitrate, it shall order the parties to arbitrate.
The court may also tax costs against the party opposing the motion
if the court concludes the opposition was not brought in good faith.
C. If the court finds that there is no enforceable agreement,
it may not, pursuant to subsection A or B of this section, order the
parties to arbitrate.
D. The court shall not refuse to order arbitration because the
claim subject to arbitration lacks merit or grounds for the claim
have not been established.
E. If a proceeding involving a claim referable to arbitration
under an alleged agreement to arbitrate is pending in court, a
motion under this section must be made in that court. Otherwise, a
Oklahoma Statutes - Title 12. Civil Procedure Page 359
motion under this section may be made in any court as provided in
Section 28 of this act.
F. If a party makes a motion to the court to order arbitration,
the court on just terms shall stay any judicial proceeding that
involves a claim alleged to be subject to the arbitration until the
court renders a final decision under this section.
G. If the court orders arbitration, the court on just terms
shall stay any judicial proceeding that involves a claim subject to
the arbitration. If a claim subject to the arbitration is
severable, the court may limit the stay to that claim.
Status: in_force · Read it on the official government site
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