Oklahoma § 12-1858 - Court order of arbitration

§ 12-1858. Court order of arbitration

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

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.

Added by Laws 2005, c. 364, § 8.