Motion to Confirm Arbitration Award
(OK)

Summary

This template is a motion for an order by an Oklahoma district court confirming a contractual arbitration award under Oklahoma's version of the Uniform Arbitration Act (OUAA). This template includes practical guidance, drafting notes, and an optional clause. If your client has arbitrated a dispute pursuant to an enforceable arbitration agreement and has received an award in his or her or its favor, the usual next step (unless the other party has already satisfied the award in full) is to seek judicial confirmation and enforcement of the award. To convert an arbitration award into an enforceable judgment, you must apply to the district court for an order confirming the award. See Okla. Stat. tit. 12, § 1873(A). There is no express time limit for filing a motion to confirm an arbitration award under the OUAA. Note, however, that if you are seeking an order correcting or modifying the award, rather than simply confirming the award as entered, you must make a motion to modify or correct the award under the OUAA within 90 days after your client received notice of the award. See Okla. Stat. tit. 12, § 1875(A). For a template for use in moving to modify or correct an award, see Motion to Vacate or Modify Arbitration Award (OK). A motion to confirm an arbitration award must be made in in the district court for the county in which the arbitration hearing was held. If the arbitration hearing was not held in Oklahoma, the motion may be made in the court for any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in Oklahoma, in any judicial district in Oklahoma. If a prior motion relating to the arbitration (e.g., a motion to compel arbitration) was heard in an Oklahoma district court, the motion to confirm should also be made in that court, unless the court directs otherwise. See Okla. Stat. tit. 12, § 1878. For filing procedures, see Filing and Serving Documents Other Than Original Petition and Summons Checklist (OK). Any request for judicial relief under the OUAA "shall be made by application and motion to the court and heard in the manner provided by law or rule of court for making and hearing motions." Okla. Stat. tit. 12, § 1856(A). Thus, a motion to confirm an arbitration award should be made in writing and comply with the general format requirements for motions and other documents filed in court under applicable statewide and local rules. See Okla. Stat. tit. 12, §§ 2007(B), 2010(A), 2011(A); Okla. Stat. tit. 12, ch. 2 app., rule 4; see generally Motion Practice Fundamentals (OK) and Formatting Rules in Court Checklist (OK).). Like most types of motions, a motion to confirm an arbitration award must be accompanied by a "concise" brief or a list of authorities on which the moving party relies. Okla. Stat. tit. 12, ch. 2 app., rule 4(c). If the motion is not accompanied by a brief as required, the court may deny the motion without a hearing. See Okla. Stat. tit. 12, ch. 2 app., rule 4(d). For further discussion of the brief requirement and general tips on drafting supporting briefs, see Motion Practice Fundamentals (OK). For a template illustrating the format and structure of a supporting brief, see Brief Supporting Motion (OK). If there is no pending civil action or prior motion under the OUAA relating to the arbitration agreement, the motion must be served on the opposing party in the manner for service of summons in a civil action. Otherwise, the motion may be served in the manner for serving motions in a civil action. See Okla. Stat. tit. 12, § 1856(B). In the latter situation, a certificate of service should be added to this form. See Okla. Stat. tit. 12, ch. 2 app., rule 2(b)(iii). For a form, see Certificate of Service (OK). For discussion of service of summons, see Commencing a Lawsuit: Filing the Petition and Serving Process (OK). For procedures for serving motions and other papers, see Filing and Serving Documents Other Than Original Petition and Summons Checklist (OK). For further discussion of procedures for confirming, modifying, or correcting an arbitration award, see Arbitration Awards: Enforcing and Challenging (OK).