This analysis will examine the sample of bills in four parts. Because some of the proposed state bills are silent on whether their respective bills are reserved for non-commercial matters, Part II examines whether the bills apply to businesses that are parties to business-to-business international commercial contracts. Part III assesses the bills' definition of foreign law to better understand the scope of the anti-foreign law bans. Because each anti-foreign law bill initially defines foreign law as one that is created outside the U.S., Part III analyzes whether the bills' foreign law definitions include international organizations and tribunals. It is important to determine whether international organizations and tribunals are included in the bills' definition of foreign law because the bills could preclude parties from utilizing arbitration and mediation procedures from international institutions, such as the ICC. Part IV consists of conclusive remarks regarding state legislative attempts to balance the desire to ban foreign law from state arbitration, mediation, and litigation, and to protect their citizens' constitutional rights, while not deterring international businesses from conducting business in their states.
Benjamin Angulo, Daniel J. Romine, and Matthew Schacht,
State Legislative Update ,
2011 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2011/iss2/7