If you’re running a business in Oklahoma, you’ve likely heard rumblings about the state’s new business courts. Originally scheduled to launch in September 2025, these specialized courts have hit a significant snag that could affect how your company handles commercial disputes for years to come.

The Current Situation: A Constitutional Challenge

Just days ago (as of this writing on June 22, 2025), the Oklahoma Supreme Court delayed implementation of the business courts law while it weighs a constitutional challenge. This puts Oklahoma businesses in limbo regarding a system that was designed to streamline commercial litigation and attract more business investment to the state.

Here’s what every Oklahoma business owner needs to understand about this developing situation and how it might impact your company’s legal strategy.

What Are Business Courts?

Senate Bill 632 would create specialized courts with divisions in Oklahoma City and Tulsa, streamlining commercial disputes and signaling to national and international companies that Oklahoma offers a predictable, modern legal environment. The specialized courts would only hear business-related disputes that involve at least $500,000.

• Handle complex commercial litigation more efficiently
• Reduce costs and timeframes for resolving business disputes
• Provide judges with specialized expertise in business law
• Create more predictable outcomes for corporate litigation

The courts would focus on disputes around Oklahoma’s most complex business laws like securities, trade secrets, professional malpractice, contracts, commercial property, and intra-business disputes. Oklahoma has now joined many other states creating specialty business courts to handle complex business litigation, following successful models from Delaware, New York, and other business-friendly jurisdictions.

The Constitutional Challenge Explained

The delay stems from serious constitutional concerns raised by Oklahoma attorneys. Under the bill, business court judges are nominated by the House speaker, appointed by the governor, and subject to the advice and consent of the Senate Critics argue this process violates Oklahoma’s constitutional requirements for judicial selection.

Additionally, a potential plaintiff facing the payment of $1,565.00 to file a Business Court lawsuit raises access-to-justice concerns, as opponents claim this high filing fee could deny equal access to the courts.

What This Means for Your Business Right Now

For Pending Litigation: If your company is currently involved in commercial disputes that would qualify for business court jurisdiction, those cases will continue in regular district courts until this matter is resolved.

For Contract Planning: Consider including forum selection clauses in your agreements. While you can’t yet choose Oklahoma business courts, you can specify regular Oklahoma district courts or alternative dispute resolution methods.

For Strategic Planning: Companies considering relocating to or expanding in Oklahoma for the business court advantage should factor in this uncertainty when making decisions.

The Broader Economic Impact

Proponents argue the courts are designed to attract economic growth and investment by making outcomes more efficient and predictable and less costly. The delay could slow Oklahoma’s efforts to compete with other states for business relocations and expansions.

• Continued reliance on traditional court systems for large commercial disputes
• Potentially longer resolution times for complex business litigation
• Uncertainty about future litigation costs and procedures

Preparing Your Business for Either Outcome

Whether the business courts ultimately launch or face further delays, smart business owners should take these steps now:

Document Everything: Ensure your corporate records, contracts, and business practices are well-documented. Specialized business courts will likely scrutinize business practices more thoroughly than general courts.

Review Your Contracts: Consider adding specific dispute resolution clauses that account for Oklahoma’s evolving legal landscape. This might include mediation requirements or arbitration clauses.

Assess Your Legal Risk: Evaluate potential areas where your business could face commercial litigation. Having a proactive legal strategy is crucial regardless of which court system ultimately handles your disputes.

Stay Informed: The constitutional challenge could be resolved quickly or drag on for months. Keep monitoring developments that could affect your business planning.

What We’re Watching

Several key factors will determine how this situation unfolds:

• The Oklahoma Supreme Court’s timeline for ruling on the constitutional challenge
• Whether the legislature might modify the law to address constitutional concerns
• How other states’ business court experiences influence Oklahoma’s approach
• The response from Oklahoma’s business community and potential economic development impacts

The Bottom Line for Oklahoma Businesses

While the business courts promise significant advantages for commercial litigation, the current uncertainty means Oklahoma companies can’t rely on these benefits in their immediate planning. Instead, focus on solid legal foundations that will serve your business well in any court system.

The delay also highlights the importance of having experienced Oklahoma business counsel who understand both the current legal landscape and the potential changes ahead. As this situation develops, businesses need advisors who can adapt strategies based on the evolving legal environment.

Need help navigating Oklahoma’s changing business legal landscape? The team at Cantrell Law Firm has been helping Oklahoma businesses through regulatory changes and legal challenges for years. We understand the unique needs of growing companies and can help you develop strategies that work regardless of how the business courts situation resolves. Contact us today for a free consultation to discuss how recent legal developments might affect your business and what steps you should take to protect your interests.

This blog post is for informational purposes only and does not constitute legal advice. Laws and regulations change frequently, and the information here may not reflect the most current legal developments.