SB 44 Summary

• Prohibits Alabama courts, arbitrators, and administrative agencies from applying or enforcing foreign law if doing so would violate rights guaranteed by the U.S. or Alabama Constitutions, including due process, freedom of religion, speech, assembly, press, privacy, or marriage rights.

• Requires modification or amendment of contractual provisions choosing foreign law or foreign venues to preserve constitutional rights when enforcement would violate those rights; contracts that cannot be modified are void.

• Denies forum non conveniens claims that would violate the constitutional rights of the nonclaimant in the foreign forum.

• Exempts corporations, partnerships, limited liability companies, business associations, and other legal entities that voluntarily contract to subject themselves to foreign law in jurisdictions outside Alabama and the United States.

• Establishes that Alabama courts are not required by contract to apply or enforce foreign law, and Alabama need not give full faith and credit to acts, records, or judicial proceedings of other states that violate Alabama's public policy.

• Becomes effective on the first day of the third month following passage and approval by the Governor.