Bill Text: IN HB1237 | 2010 | Regular Session | Introduced
Bill Title: Contract, arbitration, and ADR validity.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Rules and Legislative Procedures [HB1237 Detail]
Download: Indiana-2010-HB1237-Introduced.html
Citations Affected: IC 34-7-2-2; IC 34-57-0.5.
Synopsis: Contract, arbitration, and ADR validity. Provides that if a
contract purports to choose, as the law governing the contract, the laws
of a foreign jurisdiction, a foreign legal code, a legal system, an
arbitration process, or an alternative dispute resolution process that
does not grant the parties the same fundamental liberties, rights, and
privileges granted under the Constitutions of the United States or the
State of Indiana, the choice is not enforceable. Provides that an
arbitration or alternative dispute resolution ruling or decision is not
enforceable if the decision or ruling is made by a third person and
based on foreign jurisdiction law, a foreign legal code, or a legal
system that does not grant the parties the same fundamental liberties,
rights, and privileges granted under the Constitutions of the United
States and the State of Indiana.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Rules and Legislative
Procedures.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
(1) foreign jurisdiction law;
(2) a foreign legal code;
(3) a legal system;
(4) an arbitration process; or
(5) an alternative dispute resolution process;
that does not grant the parties the same fundamental liberties, rights, and privileges granted under the Constitution of the United States or the Constitution of the State of Indiana, the choice is not enforceable.
(b) The rights and privileges that must be granted to the parties under subsection (a) include:
(1) freedom of religion;
(2) freedom of speech;
(3) freedom of the press;
(4) due process; and
(5) the right to privacy.
Chapter 0.5. Arbitration and Alternative Dispute Resolution Restrictions
Sec. 1. This chapter applies to any decision or ruling rendered as part of an arbitration or the alternative dispute resolution process set forth in this article.
Sec. 2. (a) A decision or ruling described in section 1 of this chapter is not enforceable and has no legal effect if the decision or ruling is made by a third person and based on:
(1) foreign jurisdiction law;
(2) a foreign legal code; or
(3) a legal system;
that does not grant the parties the same fundamental liberties, rights, and privileges granted under the Constitution of the United States or the Constitution of the State of Indiana.
(b) The rights and privileges that must be granted to the parties under subsection (a) include:
(1) freedom of religion;
(2) freedom of speech;
(3) freedom of the press;
(4) due process; and
(5) the right to privacy.
