MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representative Bell (21st)
AN ACT TO CREATE NEW SECTION 11-11-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CONSTRUCTION DISPUTE RESOLUTION AGREEMENTS THAT REQUIRE RESOLUTION OUTSIDE THE STATE SHALL BE VOID; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 11-11-21, Mississippi Code of 1972:
11-11-21. (a) With regard to any provision contained within any written or oral contract or agreement (i) relative to the design, construction, alteration, repair, demolition or maintenance of any building, structure, highway, appurtenance, appliance, or other improvements to real property, situated within the boundaries of the State of Mississippi, or (ii) relative to goods or services to be provided within the boundaries of the State of Mississippi, between or among any individuals, persons or entities that require dispute resolution, whether through arbitration, mediation or litigation, or any other available means, to be held outside of the territorial boundaries of the State of Mississippi or governed by any other laws other than the laws of the State of Mississippi, in all instances, any such provision shall be and is invalid, null, void, unenforceable and repugnant to the public policy of the State of Mississippi.
(b) The provisions of subsection (a), hereof, shall be mandatory, and may not be otherwise waived or altered by agreement, written or oral.
(c) The provisions of this section shall become effective for all contracts, as described in this section, entered on or after the passage hereof.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.