Relating to the application of foreign law and limiting changes in venue of civil actions, and including applicability provisions

This bill relates to the application of foreign law and limits the transfer of civil actions when application of foreign law would violate constitutional protections. The bill defines “foreign law” as law, legal codes, or legal systems of jurisdictions outside any state or territory of the United States, including international organizations, tribunals, or courts. The bill prohibits a court of this state, an arbitration panel, a tribunal, or an administrative agency from transferring a civil action to another court or forum if the transfer would result in application of foreign law that would violate or is likely to violate a fundamental liberty, right, or privilege guaranteed by the Constitution of the United States or the Constitution of the State of Iowa. The bill provides that rulings or decisions of courts, arbitration panels, tribunals, or administrative agencies are void and unenforceable if based, in whole or in part, on foreign law that denies a party a fundamental liberty, right, or privilege guaranteed under the federal or state constitution. The bill also provides that contracts, or severable contractual provisions, selecting foreign law or granting jurisdiction to a foreign tribunal or forum are void and unenforceable if application of foreign law results in the denial of constitutional rights. The bill specifies that these provisions do not overturn existing precedent of the supreme court, do not limit adjudication of ecclesiastical or internal religious matters of religious organizations, do not apply to entities that voluntarily and knowingly subject themselves to foreign law or foreign forums, and do not apply in circumstances in which federal law preempts state law, including obligations arising under treaties or international agreements. The bill applies to civil actions, contracts, arbitrations, and administrative proceedings commenced on or after the effective date of the bill.