SB 368

This bill prohibits a court or other adjudicative authority from applying,

enforcing, or granting comity, claim preclusion, or issue preclusion to a foreign

country's law, legal rule, legal code, or legal or social system if doing so would violate

the fundamental civil rights of the party against whom the foreign law, ruling, or

judgment is being applied or enforced. If any contractual provision or agreement

provides for the choice of a foreign law to govern its interpretation, or provides for

a choice of venue or forum, but would result in a violation of a fundamental civil right

guaranteed to an individual by the U.S. Constitution or the Wisconsin Constitution,

the provision is void and unenforceable. The bill provides that a court or other

adjudicative authority may not grant certain motions if the grant of the motion

violates, or would likely lead to the violation of, a fundamental right of the

nonmovant under the U.S. Constitution or the Wisconsin Constitution. The bill does

not apply to a corporation, partnership, limited liability company, or business

association that contracts to subject itself to a foreign law in a jurisdiction other than

Wisconsin or the United States.