Idaho limits foreign law in disputes to protect constitutional rights

Idaho courts and other decision-makers cannot enforce a ruling to the extent it relies on foreign law that denies similar fundamental constitutional rights. The rule covers Idaho courts, arbitrators, agencies, and other bodies that decide or enforce disputes. Foreign law means rules from outside U.S. states and territories, including international bodies. It excludes laws of Idaho Indian tribes and English common law. The ruling must violate Idaho public policy. Contracts made before July 1, 2026, are exempt. Businesses and other legal entities are exempt to the extent they agree to foreign law in a jurisdiction outside Idaho or the United States. The rules cannot limit religious freedom or interfere with constitutionally protected internal religious decisions. Valid federal treaties or international agreements take priority when they override state law. These rules took effect on July 1, 2026.

Covered contracts or terms choosing foreign law or a court or arbitration panel that applies it have no legal force when similar constitutional rights are missing. These rules cover contracts choosing the law or decision-maker for disputes arising from the contract. The foreign law, as applied to the dispute, must fail to protect similar fundamental rights guaranteed by the U.S. and Idaho constitutions. An agreement choosing foreign law must also violate Idaho public policy. Businesses and other legal entities are exempt to the extent they agree to foreign law in a jurisdiction outside Idaho or the United States. The rules cannot limit religious freedom or interfere with constitutionally protected internal religious decisions. Valid federal treaties or international agreements take priority when they override state law. The contract rules apply to contracts entered into on or after July 1, 2026.

Idaho courts must reject a request to have a case heard elsewhere for convenience if the foreign forum would violate, or likely violate, the other party’s fundamental constitutional rights. The rule covers people seeking to keep lawsuits, arbitration, agency cases, or similar binding proceedings in Idaho whom Idaho has legal authority over. The court must find that granting the request would violate, or likely violate, the other party’s fundamental U.S. or Idaho constitutional rights in the dispute. Contracts made before July 1, 2026, are exempt. Businesses and other legal entities are exempt to the extent they agree to foreign law in a jurisdiction outside Idaho or the United States. The rules cannot limit religious freedom or interfere with constitutionally protected internal religious decisions. Valid federal treaties or international agreements take priority when they override state law. This rule took effect on July 1, 2026.