SB 2488

This bill prohibits a court, arbitration panel, administrative agency, or other tribunal in this state from apply ing , enforc ing , or bas ing a ruling or decision on any foreign law, legal code, or system if the application of that foreign law, legal code, or system would result in the violation of a right guaranteed by the Constitution of the United States or the Constitution of Tennessee. However, this prohibition does not ( i ) p rohibit the recognition or enforcement of a foreign judgment or contract that complies with state and federal constitutional protections or ( ii ) i nterfere with the application of tribal law, federal law, or the uniform commercial code where applicable. LIMITATION ON ARBITRATION AWARD BASED ON FOREIGN LAW This bill prohibits an arbitration award from be ing confirmed or enforced in this state if the decision is based in whole or in part on a foreign law that, if applied by a court in this state, would violate the rights of one of the parties under the United States Constitution or the Constitution of Tennes see. Any provision of an arbitration agreement that requires the application of foreign law in a manner inconsistent with constitutional protections is void and unenforceable.