{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1858","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1858","heading":"Court order of arbitration","body":"A. On application and motion of a person showing an agreement\n\nto arbitrate and alleging another person’s refusal to arbitrate\n\npursuant to the agreement:\n\n1. If the refusing party does not appear or does not oppose the\n\nmotion, the court shall order the parties to arbitrate; and\n\n2. If the refusing party opposes the motion, the court shall\n\nproceed summarily to decide the issue and order the parties to\n\narbitrate unless it finds that there is no enforceable agreement to\n\narbitrate. The court may also tax costs against the party opposing\n\nthe motion if the court concludes the opposition was not brought in\n\ngood faith.\n\nB. On motion of a person alleging that an arbitration\n\nproceeding has been initiated or threatened but that there is no\n\nagreement to arbitrate, the court shall proceed summarily to decide\n\nthe issue. If the court finds that there is an enforceable\n\nagreement to arbitrate, it shall order the parties to arbitrate.\n\nThe court may also tax costs against the party opposing the motion\n\nif the court concludes the opposition was not brought in good faith.\n\nC. If the court finds that there is no enforceable agreement,\n\nit may not, pursuant to subsection A or B of this section, order the\n\nparties to arbitrate.\n\nD. The court shall not refuse to order arbitration because the\n\nclaim subject to arbitration lacks merit or grounds for the claim\n\nhave not been established.\n\nE. If a proceeding involving a claim referable to arbitration\n\nunder an alleged agreement to arbitrate is pending in court, a\n\nmotion under this section must be made in that court. Otherwise, a\n\nmotion under this section may be made in any court as provided in\n\nSection 28 of this act.\n\nF. If a party makes a motion to the court to order arbitration,\n\nthe court on just terms shall stay any judicial proceeding that\n\ninvolves a claim alleged to be subject to the arbitration until the\n\ncourt renders a final decision under this section.\n\nG. If the court orders arbitration, the court on just terms\n\nshall stay any judicial proceeding that involves a claim subject to\n\nthe arbitration. If a claim subject to the arbitration is\n\nseverable, the court may limit the stay to that claim.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"501f92fee5c43c20305bff2ea16394896d41b5dcbd93089479e77aa819576bbd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1857","next":"us-ok/okla.-stat.-tit.-12-12-1859"},"notice":"GroundRules: Original legal text. Not legal advice."}