Bill Text: IN SB0460 | 2013 | Regular Session | Amended
Bill Title: Foreign law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-03-12 - First reading: referred to Committee on Judiciary [SB0460 Detail]
Download: Indiana-2013-SB0460-Amended.html
Citations Affected: IC 34-7.
Synopsis: Foreign law. Prohibits the enforcement of a foreign law
(defined as a law, rule, or legal code or system established and used
outside the jurisdiction of the United States) if the enforcement would
violate a right granted by the Constitution of the State of Indiana or the
Constitution of the United States. Provides that a provision in a
contract or agreement that calls for the application of foreign law is
void if the provision cannot be modified, unless the contract explicitly
states that it will be interpreted in accordance with foreign law.
Prohibits a court from granting certain motions to transfer a case to
another jurisdiction if the transfer is likely to affect the constitutional
rights of the nonmoving party.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Judiciary.
February 21, 2013, reported favorably _ Do Pass.
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.
Chapter 8. Application of Foreign Law
Sec. 1. As used in this chapter, "foreign law" means any law, rule, or legal code or system:
(1) established; and
(2) used or applied;
in a jurisdiction outside the states of the United States, the District of Columbia, or the territories of the United States.
Sec. 2. A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of the State of Indiana or the Constitution of the United States.
Sec. 3. (a) Unless a contract or agreement specifically provides that it is to be interpreted in accordance with a foreign law, if any
contractual provision or agreement provides for the choice of a
foreign law to govern its interpretation or the resolution of any
dispute between the parties, and if the enforcement or
interpretation of the contractual provision or agreement would
result in a violation of a right guaranteed by the Constitution of the
State of Indiana or the Constitution of the United States, the
agreement or contractual provision shall be modified or amended
to the extent necessary to preserve the constitutional rights of the
parties.
(b) Unless a contract or agreement specifically provides that it
is to be interpreted in accordance with a foreign law, any
contractual provision or agreement incapable of being modified or
amended in order to preserve the constitutional rights of the
parties in accordance with this chapter is void.
Sec. 4. (a) Unless a contract or agreement specifically provides
for venue or a forum outside the states of the United States, the
District of Columbia, or the territories of the United States, if a
contractual provision or agreement provides for the choice of
venue or forum outside the states of the United States, the District
of Columbia, or the territories of the United States, and if the
enforcement or interpretation of the contract or agreement
applying that choice of venue or forum provision would result in a
violation of any right guaranteed by the Constitution of the State
of Indiana or the Constitution of the United States, that contractual
provision or agreement shall be interpreted or construed to
preserve the constitutional rights of the person against whom
enforcement is sought.
(b) A court may not grant a motion of forum non conveniens or
a related motion:
(1) in a case in which a natural person subject to personal
jurisdiction in Indiana seeks to maintain an action in Indiana;
and
(2) if the court finds that granting the motion violates or
would likely lead to the violation of the constitutional rights
of the nonmovant in the foreign forum with respect to the
matter in dispute.
