---
title: SB 486. Laws and Statutes; provisions relating to the effect and enforcement of foreign laws; revise
collection: bills
id: 2025-2026/sb486
cite_as: SB 486, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb486
md_url: https://georgiacommons.org/bills/2025-2026/sb486.md
text_url: https://georgiacommons.org/bills/2025-2026/sb486/text
source_url: https://www.legis.ga.gov/legislation/73053
date: 2026-02-25
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: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/sb486.md?full=1
bill_number: SB 486
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-02-10
last_action: Senate Read Second Time
sponsors:
  - Greg Dolezal
  - Timothy Bearden
  - Jason T. Dickerson
  - Carden Summers
  - Matt Brass
  - Chuck Hufstetler
  - Mike Hodges
  - Jason Anavitarte
  - Chuck Payne
  - Marty Harbin
  - Max Burns
  - Steve Gooch
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB486/2025
upstream_id: 2113644
summaries_model: claude-sonnet-5
topic_tags:
  - foreign law
  - court procedure
  - constitutional rights
  - forum non conveniens
  - international contracts
---

# SB 486. Laws and Statutes; provisions relating to the effect and enforcement of foreign laws; revise

## Text

Senate Bill 486
By: Senators Dolezal of the 27th, Bearden of the 30th, Dickerson of the 21st, Summers of
the 13th, Brass of the 6th 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.

A Georgia Senate bill would bar state courts, arbitrators, and agencies from enforcing foreign laws that violate rights guaranteed by the U.S. or Georgia Constitutions, and would tighten the rules for sending lawsuits to foreign courts.

### Plain-language summary

Georgia law already says foreign laws only apply here as far as the U.S. Constitution and interstate comity allow. This bill rewrites that statute (O.C.G.A. § 1-3-9) to add definitions of 'foreign law' and 'tribunal' (courts, agencies, arbitrators, and arbitration panels), while explicitly excluding Native American tribal law from the definition. It then says any ruling by a Georgia tribunal is void if it relies on foreign law that would deny a party rights guaranteed by the U.S. or Georgia Constitutions. The bill carves out exceptions for international arbitration, certain business filings, and contracts where a company voluntarily agrees to foreign law, though that last exception does not cover family law agreements like prenups, divorces, or adoptions.
The bill also changes the state's forum non conveniens rule (O.C.G.A. § 9-10-31.1), the process for sending a case to a different court. Judges would gain discretion (rather than a mandate) to dismiss cases bound for a foreign country, but only after finding by clear and convincing evidence that the foreign court's laws would not violate constitutional rights. The changes take effect July 1, 2026 and apply to contracts executed or renewed after that date.

### What it does

- Adds definitions of 'foreign law' and 'tribunal' to O.C.G.A. § 1-3-9, covering courts, agencies, arbitrators, and international tribunals, while excluding Native American tribal law.
- Voids any Georgia tribunal ruling that relies on foreign law denying rights guaranteed by the U.S. or Georgia Constitutions.
- Creates exceptions for international arbitration, certain business filings, and voluntary business contracts adopting foreign law, but not for family law agreements like prenups or divorces.
- Requires judges to find by clear and convincing evidence that a foreign jurisdiction's laws won't violate constitutional rights before dismissing a case to send it there.
- Changes forum non conveniens dismissals from mandatory to discretionary ('shall' to 'may') for cases headed to a foreign forum, while making the statute of limitations waiver requirement mandatory ('may' to 'shall not dismiss').
- Adds a new factor, the protections under O.C.G.A. § 1-3-9, that courts must weigh when deciding whether to move a case to a different venue.

### Who it affects

The bill affects Georgia courts, arbitration panels, and administrative agencies that might apply foreign law; businesses and individuals involved in international contracts or litigation; and parties in family law matters such as divorce, adoption, or prenuptial agreements, who are excluded from the contract-based exception.

### Why it matters

Georgians involved in cross-border business deals, international arbitration, or lawsuits that could be sent to a foreign court would face new constitutional safeguards before a foreign ruling or foreign forum applies, potentially making it harder to enforce foreign judgments or move cases abroad, while giving judges more discretion in forum disputes.

### Key provisions

- Section 1 rewrites O.C.G.A. § 1-3-9 to define 'foreign law' and 'tribunal' and exclude Native American tribal law from the definition of foreign law.
- Section 1 voids tribunal rulings that rely in whole or part on foreign law denying rights under the U.S. or Georgia Constitutions, and requires written findings when a tribunal denies these protections.
- Section 1 exempts international arbitration, a specific business statute (Article 3 of Chapter 5 of Title 14), and voluntary business contracts from the rule, except for family law contracts.
- Section 1 requires clear and convincing evidence that a foreign jurisdiction's laws would not violate constitutional rights before a Georgia court can send a pending case there under forum non conveniens.
- Section 2 amends O.C.G.A. § 9-10-31.1 to add consideration of Code Section 1-3-9 as a factor in forum non conveniens decisions and changes dismissal from mandatory to discretionary for foreign forums.
- Section 2 also makes it mandatory, rather than optional, that a court require defendants to waive statute of limitations defenses before dismissing a claim under this rule.
- The Act takes effect July 1, 2026 and applies to contracts executed or renewed on or after that date.

## Status

- Status: Introduced (2026-02-10)
- Last action: Senate Read Second Time (2026-02-25)
- Sponsors: Greg Dolezal, Timothy Bearden, Jason T. Dickerson, Carden Summers, Matt Brass, Chuck Hufstetler, Mike Hodges, Jason Anavitarte, Chuck Payne, Marty Harbin, Max Burns, Steve Gooch
- Official page: https://www.legis.ga.gov/legislation/73053

> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/sb486.md?full=1