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IN SB0056
Bill
AI Summary
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Courts in Indiana may not apply, enforce, or recognize foreign laws, rulings, or judgments if doing so would violate fundamental constitutional rights guaranteed by the U.S. or Indiana Constitution, including due process, freedom of religion, freedom of speech, and freedom of the press.
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Contractual provisions requiring choice of foreign law to govern interpretation or dispute resolution are void and unenforceable if the foreign law would not guarantee parties the same fundamental liberties and rights guaranteed by U.S. and Indiana Constitutions.
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Contractual provisions selecting venue or forum outside the United States are void and unenforceable if the chosen jurisdiction would likely apply foreign law that violates parties' fundamental constitutional rights.
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Courts may not grant motions for forum non conveniens or dismiss with comity to proceedings outside the United States if doing so would likely violate the fundamental constitutional rights of the nonmoving party.
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Courts cannot adjudicate or prohibit religious organizations from handling ecclesiastical matters, nor may they determine or interpret religious doctrine, except where such action would violate the Establishment Clause or First Amendment free exercise rights.
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The chapter does not apply to corporations, partnerships, limited liability companies, or business associations that contract to subject themselves to foreign law in jurisdictions outside Indiana or the United States, and does not affect Native American tribal laws in Indiana.
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Effective July 1, 2017.
Legislative Description
Application of foreign law. Provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the Constitution of the United States or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement that: (1) provides for the choice of foreign laws in its interpretation; or (2) provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or
Last Action
First reading: referred to Committee on Judiciary
1/3/2017