HB1369: HB1369 Law and statutes; effect and enforcement of foreign laws; revise provisions

Georgia law already limits when foreign laws and legal systems can be applied in state courts. This bill rewrites that law (O.C.G.A. § 1-3-9) to add clear definitions of 'foreign law' and 'tribunal' (which includes courts, agencies, arbitrators, and arbitration panels), and to say that any ruling based even partly on a foreign law that denies a party's constitutional rights is void and unenforceable. It carves out exceptions for international arbitration cases, certain business filings, and contracts where a company agrees to follow foreign law, except family law contracts like prenuptial or divorce agreements. The bill also changes the 'forum non conveniens' rule, which lets a judge send a lawsuit to a different, more appropriate court. Judges would have to consider whether a foreign court's laws would violate constitutional rights before letting a case move there, and a related venue statute (O.C.G.A. § 9-10-31.1) is amended so judges must, rather than may, require defendants to waive statute of limitations defenses before dismissing a case to another forum. The changes would take effect July 1, 2026, and apply to contracts executed or renewed after that date.

• Rewrites O.C.G.A. § 1-3-9 to void any court, arbitration, or agency ruling based in whole or part on a foreign law that denies rights guaranteed by the U.S. or Georgia Constitutions.
• Adds legal definitions for 'foreign law' (excluding Native American tribal law) and 'tribunal' (courts, agencies, arbitrators, and arbitration panels).
• Creates exceptions for international arbitration cases and for businesses that contract to follow foreign law, but not for family law agreements like prenuptial or divorce contracts.
• Requires judges deciding whether to move a lawsuit to a foreign court to find, by clear and convincing evidence, that the foreign legal system would not violate constitutional rights.
• Changes the venue law (O.C.G.A. § 9-10-31.1) so courts must, rather than may, dismiss a case only after defendants waive statute of limitations defenses, and adds Code Section 1-3-9 as a factor judges must weigh.
• Requires a tribunal to issue written findings of fact and legal conclusions if it denies the protections created by this law.

The bill affects Georgia courts, administrative agencies, and arbitration panels; parties in lawsuits or arbitrations that involve foreign law, including international business contracts; and people in family law cases such as divorce, adoption, or prenuptial agreements, who are excluded from one of the exceptions.

If enacted, Georgians and businesses involved in cross-border disputes could see foreign-law-based rulings thrown out if they clash with constitutional rights, and judges would face a higher bar before sending lawsuits to courts outside the country, changing how international contract and family law disputes are handled in Georgia.

• Section 1 rewrites O.C.G.A. § 1-3-9(a) to define 'foreign law' and 'tribunal,' explicitly excluding Native American tribal law from the definition of foreign law.
• Section 1(c) voids any tribunal ruling based wholly or partly on a foreign law that denies constitutional rights and privileges.
• Section 1(d) exempts international arbitration, a specific Title 14 business statute, and companies that contract to follow foreign law, but carves family law contracts back out of that business exception.
• Section 1(e) requires clear and convincing evidence that a foreign jurisdiction's laws would not violate constitutional rights before a court can send a case there under forum non conveniens.
• Section 1(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 add consideration of Code Section 1-3-9 as a factor in forum non conveniens decisions and changes dismissal from discretionary ('may') to mandatory ('shall') once defendants waive statute of limitations defenses.
• 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
• courts and litigation
• forum non conveniens
• constitutional rights
• family law