Oklahoma § 12-1866 - Role of arbitrator

§ 12-1866. Role of arbitrator

A. An arbitrator may conduct an arbitration in such manner as

the arbitrator considers appropriate for a fair and expeditious

disposition of the proceeding. The authority conferred upon the

arbitrator includes the power to hold conferences with the parties

to the arbitration proceeding before the hearing and, among other

matters, determine the admissibility, relevance, materiality and

Oklahoma Statutes - Title 12. Civil Procedure

weight of any evidence, as well as ask questions of any witnesses

during the proceedings.

B. An arbitrator may decide a request for summary disposition

of a claim or particular issue:

1. If all interested parties agree; or

2. Upon request of one party to the arbitration proceeding if

that party gives notice to all other parties to the proceeding and

the other parties have a reasonable opportunity to respond.

C. If an arbitrator orders a hearing, the arbitrator shall set

a time and place and give notice of the hearing not less than five

(5) days before the hearing begins. Unless a party to the

arbitration proceeding makes an objection to lack or insufficiency

of notice not later than the beginning of the hearing, the party’s

appearance at the hearing waives the objection. Upon request of a

party to the arbitration proceeding and for good cause shown, or

upon the arbitrator’s own initiative, the arbitrator may adjourn the

hearing from time to time as necessary but may not postpone the

hearing to a time later than that fixed by the agreement to

arbitrate for making the award unless the parties to the arbitration

proceeding consent to a later date. The arbitrator may hear and

decide the controversy upon the evidence produced although a party

who was duly notified of the arbitration proceeding did not appear.

The court, on request, may direct the arbitrator to conduct the

hearing promptly and render a timely decision.

D. At a hearing under subsection C of this section, a party to

the arbitration proceeding has a right to be heard, to present

evidence material to the controversy, and to cross-examine witnesses

appearing at the hearing.

E. If an arbitrator ceases or is unable to act during the

arbitration proceeding, a replacement arbitrator must be appointed

in accordance with Section 12 of this act to continue the proceeding

and to resolve the controversy.

Added by Laws 2005, c. 364, § 16.