A.R.S. § 12-3103 was enacted by the Arizona Legislature to expressly address the ability of courts and other official bodies to enforce foreign laws that may violate rights guaranteed by federal law or Arizona State law, or that conflict with such laws. The statute states:
A court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States or conflict with the laws of the United States or of this state.
This section is part of Title 12, Chapter 22 of the Arizona Revised Statutes (A.R.S. § 12-3101-3103), which addresses the application of foreign laws by Arizona courts and other adjudicative bodies.
This statute may give parties to contracts that include terms incorporating foreign laws the ability to avoid obligations under such contracts. Because liabilities may arise in other jurisdictions and because there is little guidance on how this statute will be interpreted by Arizona courts, before taking any action based on this statute you are advised to consult with an experienced attorney.
