Arbitration

The Oklahoma Uniform Arbitration Act is still located in Title 12, §§ 1851-1881 of the Statutes, beginning on page 337 here. The UAA governs an agreement to arbitrate, however parties to an agreement may waive or agree to negotiate certain aspects of the UAA to the extent permitted by law under § 1855.

However, if an arbitration agreement does not fall under the UAA, it is not enforceable. See Cannon v. Lane, 867 P.2d 1235, 1239 (Okla. 1993) (noting that, at common law, arbitration agreements are contrary to public policy and unenforceable).

Under Oklahoma's prior version of the UAA, the Oklahoma Supreme Court declined to follow the separability doctrine of Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967), and ruled that the court -- and not the arbitrator -- must determine whether the agreement that contains the arbitration clause is subject to revocation. Shaffer v. Jeffery, 915 P.2d 910, 917-18 (Okla. 1996). However, the Legislature later enacted Okla. Stat. tit. 12, § 1857(C), which was intended to codify the separability doctrine of Prima Paint. Unif. Arbitration Act § 6 Cmt. 4, 7 U.L.A. 25 (2000). Oklahoma courts have not yet ruled on whether this enactment was sufficient to overrule Shaffer. An arbitration clause does not apply after performance under the contract containing the clause has been completed. Gitgood v. Howard Pontiac-GMC, Inc., 57 P.3d 875, 877 (Okla. Civ. App. 2002).