SB486: SB486 Laws and Statutes; provisions relating to the effect and enforcement of foreign laws; revise

Georgia law already says that foreign laws have no automatic force in the state beyond what the U.S. Constitution and interstate comity allow. This bill rewrites that statute (O.C.G.A. § 1-3-9) to spell out definitions of 'foreign law' and 'tribunal,' and to declare that any court, arbitration panel, or administrative ruling is void if it is based in whole or in part on a foreign law that would deny a party rights guaranteed by the U.S. or Georgia Constitution. The bill carves out exceptions for international arbitration, a specific business-law article, and contracts where a business voluntarily agrees to be governed by foreign law, but that carve-out does not cover prenuptial agreements, divorce agreements, adoptions, or other family law contracts. It also changes the state's forum non conveniens rules (the doctrine letting a Georgia court send a case elsewhere): a court may no longer send a case to a foreign country's courts unless it finds clear and convincing evidence that the foreign legal system would not violate a party's constitutional rights, and tribunals denying these protections must issue written findings. It also adjusts the venue law's list of factors and its dismissal procedure. The changes would take effect July 1, 2026, applying to contracts executed or renewed on or after that date.

• Rewrites O.C.G.A. § 1-3-9 to define 'foreign law' and 'tribunal' and to void any court, arbitration, or agency ruling based on a foreign law that denies U.S. or Georgia constitutional rights.
• Creates exceptions for international arbitration proceedings, a specific corporate law article, and contracts where a business entity agrees to foreign law, except in family law matters like prenuptial or divorce agreements.
• Requires Georgia courts to find, by clear and convincing evidence, that a foreign country's legal system would not violate constitutional rights before sending a pending case there under forum non conveniens.
• Requires any tribunal that denies these constitutional protections to issue written findings of fact and legal conclusions explaining its decision.
• Amends the venue statute (O.C.G.A. § 9-10-31.1) to add the new foreign law protections as a factor courts must weigh and to change the dismissal procedure from mandatory to discretionary while requiring defendants to first file a waiver of statute of limitations.

Georgia courts, arbitrators, and administrative tribunals; litigants involved in cross-border lawsuits or contracts governed by foreign law; businesses that contract to be bound by foreign law; and families involved in prenuptial agreements, divorces, or adoptions with an international element.

Georgians involved in disputes touching foreign legal systems, whether through business contracts, international arbitration, or lawsuits that could be sent abroad, would gain a constitutional backstop: no ruling could stand if it relies on foreign law that strips away rights guaranteed under U.S. or Georgia constitutions, and courts would face a higher bar before shipping a case to a foreign court.

• Section 1 revises O.C.G.A. § 1-3-9 with new definitions of 'foreign law' (excluding Native American tribal law) and 'tribunal' (courts, agencies, arbitrators, or arbitration panels).
• Subsection (c) voids any tribunal ruling based even partly on foreign law that denies constitutional rights and privileges to a party.
• Subsection (d) exempts international arbitration, a named corporate law article, and voluntary business contracts from these protections, but excludes family law contracts from that exemption.
• Subsection (e) requires clear and convincing evidence that a foreign jurisdiction's laws would not violate constitutional rights before a Georgia court can send a case there under forum non conveniens.
• Subsection (f) requires tribunals that deny these protections to issue written findings of fact and conclusions of law.
• Section 2 amends O.C.G.A. § 9-10-31.1 to add a factor referencing the new Code Section 1-3-9 and to shift dismissal from mandatory to discretionary while requiring a mandatory statute-of-limitations waiver stipulation before dismissal.
• The Act becomes effective July 1, 2026, and applies to contracts executed or renewed on or after that date.

1. 2026-02-25Senate Read Second Time (Senate)
2. 2026-02-24Senate Committee Favorably Reported (Senate)
3. 2026-02-11Senate Read and Referred (Senate)
4. 2026-02-10Senate Hopper (Senate)

• Greg Dolezal (R, SD-027)Primary sponsor
• Timothy Bearden (R, SD-030)
• Jason T. Dickerson (R, SD-021)
• Carden Summers (R, SD-013)
• Matt Brass (R, SD-006)
• Chuck Hufstetler (R, SD-052)
• Mike Hodges (R, SD-003)
• Jason Anavitarte (R, SD-031)
• Chuck Payne (R, SD-054)
• Marty Harbin (R, SD-016)
• Max Burns (R, SD-023)
• Steve Gooch (R, SD-051)

• foreign law enforcement
• courts and litigation
• forum non conveniens
• constitutional rights
• family law contracts