Okla. Stat. tit. 85A, § 85A-307: Refusal to arbitrate

A. On application and motion of a person showing an agreement

to arbitrate and alleging another person's refusal to arbitrate

under the agreement:

1. If the refusing party does not appear or does not oppose the

motion, the Workers' Compensation Commission shall order the parties

to arbitrate; and

2. If the refusing party opposes the motion, the Commission

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 Commission may also assess costs against the party

opposing the motion if it concludes the opposition was not brought

in good faith to be deposited in the Workers' Compensation

Commission Revolving Fund created in Section 28.1 of this title.

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 Commission shall proceed summarily to

decide the issue. If the Commission finds that there is an

enforceable agreement to arbitrate, it shall order the parties to

arbitrate. The Commission may also assess costs against the party

opposing the motion if the Commission concludes the opposition was

not brought in good faith to be deposited in the Workers'

Compensation Fund created by the Administrative Workers'

Compensation Act.

C. If the Commission finds that the parties have not entered

into an enforceable arbitration agreement, the dispute shall be

resolved under the Administrative Workers' Compensation Act.

D. If an action is initiated in district court to determine

whether an enforceable arbitration agreement exists, on motion by

the responding party, that proceeding shall be transferred to the

Commission for determination.

E. If a party challenges the enforceability of an arbitration

agreement, the underlying claim, including all benefits, shall be

stayed until the Commission determines whether an enforceable

arbitration agreement exists.