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PRINTER'S NO. 1719
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1288
Session of
2015
INTRODUCED BY METCALFE, BENNINGHOFF, JAMES, DIAMOND, OBERLANDER,
A. HARRIS, SACCONE, GREINER, KAUFFMAN, MILLARD, TALLMAN,
WARD, McGINNIS, IRVIN, MOUL, GROVE, GILLEN AND ZIMMERMAN,
JUNE 5, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 5, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in general provisions,
further providing for definitions; and, in bases of
jurisdiction and interstate and international procedure,
prohibiting the application of foreign law which would impair
constitutional rights.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Foreign legal code or system." A legal code or system of a
jurisdiction outside of the United States, including an
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international organization or tribunal, which is applied by that
jurisdiction in a judicial proceeding or an administrative
proceeding.
* * *
Section 2. Section 5322(e) of Title 42 is amended to read:
§ 5322. Bases of personal jurisdiction over persons outside
this Commonwealth.
* * *
(e) Inconvenient forum.--[When]
(1) Except as set forth in paragraph (2), when a
tribunal finds that in the interest of substantial justice
the matter should be heard in another forum, the tribunal may
stay or dismiss the matter in whole or in part on any
conditions that may be just.
(2) Relief under paragraph (1) shall not be granted if
the tribunal finds that granting relief has the potential to
violate a fundamental liberty, right or privilege granted
under the United States Constitution and the Constitution of
Pennsylvania. The exception under this paragraph does not
apply to any corporation, partnership, limited liability
company, business association or other legal entity that
contracts to subject itself to a foreign legal code or
system.
Section 3. Section 5327(c) of Title 42 is amended and the
section is amended by adding a subsection to read:
§ 5327. Determination of foreign law.
* * *
(b.1) Prohibitions.--
(1) Except as set forth in paragraph (2), all of the
following apply:
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(i) A tribunal shall not consider a foreign legal
code or system which does not grant the parties affected
by the ruling or decision the same fundamental liberties,
rights and privileges granted under the United States
Constitution and the Constitution of Pennsylvania. This
subparagraph includes due process, freedom of religion,
freedom of speech, freedom of press and a right of
privacy or marriage as specifically defined by the
Constitution of Pennsylvania.
(ii) A contract which provides for the choice of a
foreign legal code or system to govern a dispute which
arises out of the contract violates the public policy of
the Commonwealth and shall be void and unenforceable if
the foreign legal code or system chosen includes or
incorporates substantive law or procedural law, as
applied to the dispute at issue, which would not grant
the parties the same fundamental liberties, rights and
privileges granted under the United States Constitution
and the Pennsylvania Constitution. This subparagraph
includes due process, freedom of religion, freedom of
speech, freedom of press and a right of privacy or
marriage as specifically defined by the Constitution of
Pennsylvania.
(iii) A contract which confers upon a tribunal or
arbitrator in personam jurisdiction over a party to
adjudicate a dispute arising out of the contract violates
the public policy of the Commonwealth and shall be void
and unenforceable if the jurisdiction chosen includes or
incorporates substantive law or procedural law, as
applied to the dispute at issue, which would not grant
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the parties the same fundamental liberties, rights and
privileges granted under the United States Constitution
and the Constitution of Pennsylvania. This subparagraph
includes due process, freedom of religion, freedom of
speech, freedom of press and a right of privacy or
marriage as specifically defined by the Constitution of
Pennsylvania.
(iv) It is the public policy of the Commonwealth to
deny a claim of forum non conveniens if a resident of
this Commonwealth, subject to personal jurisdiction in
this Commonwealth, seeks to maintain an action in this
Commonwealth and if a tribunal of this Commonwealth finds
that granting the claim would likely violate the
fundamental liberties, rights and privileges granted
under the United States Constitution and the Constitution
of Pennsylvania. This subparagraph includes due process,
freedom of religion, freedom of speech, freedom of press
and a right of privacy or marriage as specifically
defined by the Constitution of Pennsylvania.
(2) Paragraph (1) does not apply to any corporation,
partnership, limited liability company, business association
or other legal entity that contracts to subject itself to
foreign legal code or system.
(3) No tribunal or arbitrator shall interpret the
provisions of paragraph (1) to do any of the following:
(i) Limit the right of a person to the free exercise
of religion as guaranteed by the First Amendment to the
United States Constitution and by sections 3 and 4 of
Article I of the Constitution of Pennsylvania.
(ii) Require a tribunal or arbitrator to adjudicate
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an ecclesiastical matter if adjudication would violate
the establishment clause of the First Amendment to the
United States Constitution or section 3 or 4 of Article I
of the Constitution of Pennsylvania. This subparagraph
includes:
(A) selection and sanction of any officer,
official or clergy member of a religious
organization; and
(B) determination or interpretation of the
doctrine of the religious organization.
(iii) Prohibit a religious organization from
adjudicating an ecclesiastical matter if adjudication
would violate the establishment clause of the First
Amendment to the United States Constitution or section 3
or 4 of Article I of the Constitution of Pennsylvania.
This subparagraph includes:
(A) selection and sanction of any officer,
official or clergy member of a religious
organization; and
(B) determination or interpretation of the
doctrine of the religious organization.
(iv) Conflict with a Federal treaty or other
international agreement to which the United States is a
party to the extent that the treaty or international
agreement preempts or is superior to State law on the
matter at issue.
(c) Court decision and review.--The court, not jury, shall
determine the law of any governmental unit outside this
Commonwealth and whether that law violates subsection (b.1)(1).
The determination of the tribunal is subject to review on appeal
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as a ruling on a question of law.
Section 4. This act shall apply to actions initiated on or
after the effective date of this section.
Section 5. This act shall take effect in 60 days.
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