1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, prohibiting the
3application of foreign law which would impair constitutional
4rights.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 102 of Title 42 of the Pennsylvania
8Consolidated Statutes is amended by adding a definition to read:

9§ 102. Definitions.

10Subject to additional definitions contained in subsequent
11provisions of this title which are applicable to specific
12provisions of this title, the following words and phrases when
13used in this title shall have, unless the context clearly
14indicates otherwise, the meanings given to them in this section:

15* * *

16"Foreign legal code or system." A legal code or system of a 
17jurisdiction outside of the United States, including an 
18international organization or tribunal, which is applied by that
 

1jurisdiction in a judicial proceeding or an administrative 
2proceeding.

3* * *

4Section 2. Section 5322(e) of Title 42 is amended to read:

5§ 5322. Bases of personal jurisdiction over persons outside
6this Commonwealth.

7* * *

8(e) Inconvenient forum.--[When]

9(1) Except as set forth in paragraph (2), when a
10tribunal finds that in the interest of substantial justice
11the matter should be heard in another forum, the tribunal may
12stay or dismiss the matter in whole or in part on any
13conditions that may be just.

14(2) Relief under paragraph (1) shall not be granted if
15the tribunal finds that granting relief has the potential to
16violate a fundamental liberty, right or privilege granted
17under the United States Constitution and the Constitution of
18Pennsylvania. The exception under this paragraph does not
19apply to any corporation, partnership, limited liability
20company, business association or other legal entity that
21contracts to subject itself to a foreign legal code or
22system.

23Section 3. Section 5327(c) of Title 42 is amended and the
24section is amended by adding a subsection to read:

25§ 5327. Determination of foreign law.

26* * *

27(b.1) Prohibitions.--

28(1) Except as set forth in paragraph (2), all of the
29following apply:

30(i) A tribunal shall not consider a foreign legal

1code or system which does not grant the parties affected
2by the ruling or decision the same fundamental liberties,
3rights and privileges granted under the United States
4Constitution and the Constitution of Pennsylvania. This
5subparagraph includes due process, freedom of religion,
6freedom of speech, freedom of press and a right of
7privacy or marriage as specifically defined by the
8Constitution of Pennsylvania.

9(ii) A contract which provides for the choice of a
10foreign legal code or system to govern a dispute which
11arises out of the contract violates the public policy of
12the Commonwealth and shall be void and unenforceable if
13the foreign legal code or system chosen includes or
14incorporates substantive or procedural law, as applied to
15the dispute at issue, which would not grant the parties
16the same fundamental liberties, rights and privileges
17granted under the United States Constitution and the
18Pennsylvania Constitution. This subparagraph includes due
19process, freedom of religion, freedom of speech, freedom
20of press and a right of privacy or marriage as
21specifically defined by the Constitution of Pennsylvania.

22(iii) A contract which confers upon a tribunal or
23arbitrator in personam jurisdiction over a party to
24adjudicate a dispute arising out of the contract violates
25the public policy of the Commonwealth and shall be void
26and unenforceable if the jurisdiction chosen includes or
27incorporates substantive or procedural law, as applied to
28the dispute at issue, which would not grant the parties
29the same fundamental liberties, rights and privileges
30granted under the United States Constitution and the

1Constitution of Pennsylvania. This subparagraph includes
2due process, freedom of religion, freedom of speech,
3freedom of press and a right of privacy or marriage as
4specifically defined by the Constitution of Pennsylvania.

5(iv) It is the public policy of the Commonwealth to
6deny a claim of forum non conveniens if a resident of
7this Commonwealth, subject to personal jurisdiction in
8this Commonwealth, seeks to maintain an action in this
9Commonwealth and if a tribunal of this Commonwealth finds
10that granting the claim would likely violate the
11fundamental liberties, rights and privileges granted
12under the United States Constitution and the Constitution
13of Pennsylvania. This subparagraph includes due process,
14freedom of religion, freedom of speech, freedom of press
15and a right of privacy or marriage as specifically
16defined by the Constitution of Pennsylvania.

17(2) Paragraph (1) does not apply to any corporation,
18partnership, limited liability company, business association
19or other legal entity that contracts to subject itself to
20foreign legal code or system.

21(3) No tribunal or arbitrator shall interpret the
22provisions of paragraph (1) to do any of the following:

23(i) Limit the right of a person to the free exercise
24of religion as guaranteed by the First Amendment to the
25United States Constitution and by sections 3 and 4 of
26Article I of the Constitution of Pennsylvania.

27(ii) Require a tribunal or arbitrator to adjudicate
28an ecclesiastical matter if adjudication would violate
29the establishment clause of the First Amendment of the
30United States or section 3 or 4 of Article I of the

1Constitution of Pennsylvania. This subparagraph includes:

2(A) selection and sanction of any officer,
3official or clergy member of a religious
4organization; and

5(B) determination or interpretation of the
6doctrine of the religious organization.

7(iii) Prohibit a religious organization from
8adjudicating an ecclesiastical matter if adjudication
9would violate the establishment clause of the First
10Amendment of the United States or section 3 or 4 of
11Article I of the Constitution of Pennsylvania. This
12subparagraph includes:

13(A) selection and sanction of any officer,
14official or clergy member of a religious
15organization; and

16(B) determination or interpretation of the
17doctrine of the religious organization.

18(iv) Conflict with a Federal treaty or other
19international agreement to which the United States is a
20party to the extent that the treaty or international
21agreement preempts or is superior to State law on the
22matter at issue.

23(c) Court decision and review.--The court, not jury, shall
24determine the law of any governmental unit outside this
25Commonwealth and whether that law violates subsection (b.1)(1).
26The determination of the tribunal is subject to review on appeal
27as a ruling on a question of law.

28Section 4. This act shall apply to actions initiated on or
29after the effective date of this section.

30Section 5. This act shall take effect in 60 days.