---
title: HB 1369. Law and statutes; effect and enforcement of foreign laws; revise provisions
collection: bills
id: 2025-2026/hb1369
cite_as: HB 1369, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1369
md_url: https://georgiacommons.org/bills/2025-2026/hb1369.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1369/text
source_url: https://www.legis.ga.gov/legislation/73349
date: 2026-02-20
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1369.md?full=1
bill_number: HB 1369
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-18
last_action: House Second Readers
sponsors:
  - David Clark
  - Josh Bonner
  - Carter Barrett
  - Jordan Ridley
  - Mitchell Horner
  - Alan Powell
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1369/2025
upstream_id: 2119532
summaries_model: claude-sonnet-5
topic_tags:
  - foreign law enforcement
  - constitutional rights
  - court procedure
  - forum non conveniens
  - international contracts
---

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

## Text

House Bill 1369
By: Representatives Clark of the 100th, Bonner of the 73rd, Barrett of the 24th, Ridley of the
22nd, Horner of the 3rd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws
and statutes, so as to revise provisions relating to the effect and enforcement of foreign laws;
to provide that no court, arbitration panel, administrative agency, or other tribunal shall
enforce a foreign law if doing so would violate a right guaranteed by the United States
Constitution or the Georgia Constitution; to provide for definitions; to provide for
exceptions; to change provisions relating to forum non conveniens; to amend Part 1 of
Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to
general provisions regarding venue, so as to provide for a cross-reference; to provide for
related matters; to provide for an effective date and applicability; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes,
is amended by revising Code Section 1-3-9, relating to the effect and enforcement of foreign
laws, as follows:
"1-3-9.
<ins>(a) As used in this Code section, the term:
(1) 'Foreign law' means any law, legal code, or system of a jurisdiction outside of any
state or territory of the United States, including, but not limited to, international
organizations and tribunals, and applied by such jurisdiction's courts, administrative
bodies, or other formal or informal tribunals. Such term shall not mean, nor shall it
include, any laws of the Native American tribes in this state.
(2) 'Tribunal' means a court, administrative agency, tribunal, arbitrator, or arbitration
panel.
(b)</ins> The laws of other states and foreign <del>nations</del> <ins>law</ins> shall have no force and effect of
themselves within this state further than is provided by the Constitution of the United
States and is recognized by the comity of states. The courts shall enforce this comity,
unless restrained by the General Assembly, so long as its enforcement is not contrary to the
policy or prejudicial to the interests of this state.
<ins>(c) Any tribunal ruling shall be void and unenforceable if the tribunal bases its ruling in
whole or in part on any foreign law that would deny the parties the rights and privileges
granted under the United States Constitution or the Georgia Constitution.
(d) This Code section shall not apply to:
(1) Part 2 of Article 1 of Chapter 9 of Title 9 relative to international arbitration;
(2) Article 3 of Chapter 5 of Title 14; or
(3) A corporation, partnership, limited liability company, business association, sole
proprietorship, or other legal entity that contracts to subject itself to foreign law;
provided, however, that the exception provided by this paragraph shall not apply to
domestic relations contracts, including, but not limited to, antenuptial agreements or
contracts, divorce agreements, adoptions, and other contracts or agreements related to or
arising from matters of family law.
</ins>
<ins>(e) When litigation is pending in this state, no court shall grant a motion of forum non
conveniens to allow a case to be refiled in a foreign jurisdiction outside any state or
territory of the United States unless the court finds by clear and convincing evidence that
the foreign jurisdiction has in place a body of foreign law, the application of which would
not lead to the violation of rights and privileges guaranteed by the United States
Constitution or the Georgia Constitution to a party in the litigation.
(f) If a tribunal denies the protections provided by this Code section, it shall make written
findings of fact and conclusions of law in support of its decision."
</ins> SECTION 2.
Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated,
relating to general provisions regarding venue, is amended by revising Code Section
9-10-31.1, relating to forums outside of this state and waiver of statute of limitations defense,
as follows:
"9-10-31.1.
(a) If a court of this state, on written motion of a party, finds that in the interest of justice
and for the convenience of the parties and witnesses a claim or action would be more
properly heard in a forum outside this state or in a different county of proper venue within
this state, the court shall decline to adjudicate the matter under the doctrine of forum non
conveniens. As to a claim or action that would be more properly heard in a forum outside
this state, the court <del>shall</del> <ins>may</ins> dismiss the claim or action. As to a claim or action that
would be more properly heard in a different county of proper venue within this state, the
venue shall be transferred to the appropriate county. In determining whether to grant a
motion to dismiss an action or to transfer venue under the doctrine of forum non
conveniens, the court shall give consideration to the following factors:
(1) Relative ease of access to sources of proof;
(2) Availability and cost of compulsory process for attendance of unwilling witnesses;
(3) Possibility of viewing of the premises, if viewing would be appropriate to the action;
(4) Unnecessary expense or trouble to the defendant not necessary to the plaintiff's own
right to pursue his or her remedy;
(5) Administrative difficulties for the forum courts;
(6) Existence of local interests in deciding the case locally; <del>and
</del> <ins>(7) The provisions of Code Section 1-3-9; and
</ins> <del>(7)(8)</del> The traditional deference given to a plaintiff's choice of forum.
(b) A court <del>may</del> <ins>shall</ins> not dismiss a claim under this Code section until the defendant files
with the court or with the clerk of the court a written stipulation that, with respect to a new
action on the claim commenced by the plaintiff, all the defendants waive the right to assert
a statute of limitations defense in all other states of the United States in which the claim
was not barred by limitations at the time the claim was filed in this state as necessary to
effect a tolling of the limitations periods in those states beginning on the date the claim was
filed in this state and ending on the date the claim is dismissed."
SECTION 2.
This Act shall become effective on July 1, 2026, and shall apply to contracts executed or
renewed on or after July 1, 2026.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

HB1369 would bar Georgia courts and other tribunals from enforcing foreign laws that violate rights guaranteed by the U.S. or Georgia Constitution, and would change how judges handle cases that could be sent to a foreign court instead.

### Plain-language summary

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.

### What it does

- 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.

### Who it affects

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.

### Why it matters

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.

### Key provisions

- 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.

## Status

- Status: Introduced (2026-02-18)
- Last action: House Second Readers (2026-02-20)
- Sponsors: David Clark, Josh Bonner, Carter Barrett, Jordan Ridley, Mitchell Horner, Alan Powell
- Official page: https://www.legis.ga.gov/legislation/73349

> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1369.md?full=1