HB 1369: Law and statutes; effect and enforcement of foreign laws; revise provisions

Georgia law already says that other states' and foreign countries' laws only apply here through interstate comity and the U.S. Constitution. HB1369 rewrites that statute (O.C.G.A. § 1-3-9) to spell out what counts as 'foreign law' and a 'tribunal' (courts, agencies, arbitrators, and arbitration panels), and to say any tribunal ruling based on foreign law that would deny someone their U.S. or Georgia constitutional rights is void. It exempts international arbitration cases, certain business filings, and contracts where a company voluntarily agrees to follow foreign law, except family law contracts like divorce agreements or antenuptial agreements. The bill also changes the 'forum non conveniens' rule, which lets a judge send a case to a more appropriate court elsewhere. Judges would gain discretion (rather than a mandatory duty) to dismiss a case bound for a foreign country, but only after finding clear and convincing evidence the foreign court's law would not violate constitutional rights, and only after the defendant formally waives statute of limitations defenses. The changes would take effect July 1, 2026, and apply to contracts made or renewed on or after that date.

• Defines 'foreign law' and 'tribunal' and voids any ruling by a Georgia court, agency, or arbitrator that relies on foreign law denying U.S. or Georgia constitutional rights.
• Creates exceptions so the new rule does not apply to international arbitration cases, certain business entity matters, or contracts where a business agrees to follow foreign law, unless the contract involves family law.
• Requires a judge, before letting a case move to a foreign court under forum non conveniens, to find clear and convincing evidence that the foreign court's law would not violate constitutional rights.
• Changes a judge's power to dismiss a case headed to a foreign court from mandatory to discretionary, while making the requirement to obtain a defendant's waiver of statute of limitations defenses mandatory rather than optional.
• Adds Georgia's new foreign-law rule (O.C.G.A. § 1-3-9) as one of the factors a court must weigh when deciding whether to dismiss a case under forum non conveniens.
• Requires a tribunal that denies these constitutional protections to issue written findings of fact and legal conclusions explaining its decision.

Georgia state court judges, administrative agencies, and arbitrators handling cases that touch foreign law; businesses and individuals with international contracts; parties in family law matters like divorce and adoption; and litigants involved in cases where a party wants a case moved to a court outside the United States.

Georgians involved in lawsuits touching foreign countries, whether through business contracts, family matters, or international disputes, could see rulings overturned if a tribunal applies foreign law that conflicts with constitutional rights. Judges would also face new evidentiary hurdles and procedural steps before sending a case to a foreign court.

• Section 1 rewrites O.C.G.A. § 1-3-9(a)-(b) to define 'foreign law' and 'tribunal' and restate that other states' and foreign law has no force in Georgia beyond what the U.S. Constitution and comity allow.
• New subsection (c) voids any tribunal ruling based wholly or partly on foreign law that would deny parties rights guaranteed by the U.S. or Georgia Constitution.
• New subsection (d) exempts international arbitration under Chapter 9 of Title 9, certain business entity provisions in Chapter 5 of Title 14, and voluntary business contracts to follow foreign law, except family law agreements.
• New subsection (e) requires clear and convincing evidence that a foreign jurisdiction's law would not violate constitutional rights before a court can dismiss a pending case for forum non conveniens.
• New subsection (f) requires a tribunal that denies these protections to issue written findings of fact and conclusions of law.
• Section 2 amends O.C.G.A. § 9-10-31.1 to make dismissal for forum non conveniens discretionary ('may' instead of 'shall'), add Georgia's foreign-law rule as a factor courts must weigh, and require (rather than merely allow) a defendant's written waiver of statute of limitations defenses before dismissal.
• The Act takes effect July 1, 2026, and applies to contracts executed or renewed on or after that date.

1. 2026-02-20House Second Readers (House)
2. 2026-02-19House First Readers (House)
3. 2026-02-18House Hopper (House)

• David Clark (R, HD-100)Primary sponsor
• Josh Bonner (R, HD-073)
• Carter Barrett (R, HD-024)
• Jordan Ridley (R, HD-022)
• Mitchell Horner (R, HD-003)
• Alan Powell (R, HD-033)

• foreign law enforcement
• constitutional rights
• court procedure
• forum non conveniens
• international contracts