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

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.

• 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.

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.

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.

• 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.

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

• Greg Dolezal (R, SD-027)Patrocinador principal
• 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
• court procedure
• constitutional rights
• forum non conveniens
• international contracts