[HISTORY: Adopted by the Tribal Council of the Nottawaseppi
Huron Band of the Potawatomi 1-19-2008 by Res. No. 01-19-08-03 (Title VIII, Ch.
3, of the Tribal Code). Amendments noted where applicable.]
This chapter shall be known as the "Nottawaseppi Huron Band
of the Potawatomi Arbitration Ordinance."
This chapter applies to any written contact, agreement, or other
instrument:
A.
Entered into by the Nottawaseppi Huron Band of the Potawatomi (the
"Tribe"), or any agency or instrumentality of the Tribe, or by any
other person in a transaction that is subject to the jurisdiction
of the Nottawaseppi Huron Band of the Potawatomi Tribal Court (the
"Tribal Court"); and
B.
In which the parties have agreed to settle by arbitration any controversy
arising out of such contract, agreement, or other instrument, or any
other controversy existing between them, during the term of the agreement.
The following shall be valid and enforceable:
A.
A provision in any written contract, agreement, or other instrument,
or in a separate writing executed by the parties to any written contract,
agreement, or other instrument, to settle by arbitration any controversy
arising out of the contract, agreement, or other instrument (or any
other transaction contemplated by the writing), including the failure
or refusal to perform under the terms of the writing; and
B.
A written agreement between two or more persons to submit to arbitration
any controversy existing between them during the term of the agreement.
A.
In any contract, agreement, or instrument described in § 8.3-2 of this chapter, the parties may agree upon the jurisdiction whose substantive law shall govern the interpretation and enforcement of the contract, agreement, or instrument. A choice of law provision is valid and enforceable, and is not subject to revocation by one party without the consent of the other party or parties to the contract, agreement, or instrument.
[Amended 5-1-2008 by Res. No. 05-01-08-06]
B.
In any proceeding authorized under this chapter, whenever the contract,
agreement, or instrument sets forth a choice of law provision in a
matter that is properly before it, the Tribal Court shall apply the
procedural rules of the Tribal Court and the substantive law of the
jurisdiction selected in the choice of law provision; provided that
no procedural rule of the Tribal Court may bar, unreasonably delay,
or impair any action, proceeding, or remedy where such action, proceeding,
or remedy would not be barred, unreasonably delayed, or impaired by
the procedural rules of the courts of the jurisdiction whose substantive
law applies.
C.
In any proceeding authorized under this chapter, whenever the contract,
agreement, or other instrument does not set forth a choice of law
provision in a matter that is properly before it, the Tribal Court
shall apply the substantive law of the Tribe first, including any
applicable choice of law principles, and then the substantive law
of the State of Michigan, including any applicable choice of law principles,
provided that such law does not conflict with this chapter or other
applicable law of the Tribe.
A.
If any action for legal or equitable relief or other proceeding arising out of any contract, agreement, or instrument described in § 8.3-2 of this chapter is pending or brought in the Tribal Court by any party to such contract, agreement, or instrument, the Tribal Court Judge who is presiding over the action or proceeding shall not review the merits of the action or proceeding, but shall stay the action or proceeding until an arbitration has been had in compliance with such contract, agreement, or other instrument.
B.
A party to any contract, agreement, or instrument described in § 8.3-2 of this chapter that claims neglect or refusal of another party to proceed with an arbitration provided by the terms of such contract, agreement, or instrument may petition the Tribal Court for an order directing the parties to proceed with the arbitration in compliance with their agreement. In such event, the Tribal Court shall order the parties to submit to arbitration in accordance with the provisions of such contract, agreement, or instrument and the question of whether any obligation to arbitrate the dispute at issue exists shall be decided by the arbitrator(s).
At any time during an arbitration authorized by this chapter,
upon request of all the parties to the arbitration, the arbitrator(s)
may petition the Tribal Court for advice on any question of tribal
or state law arising in the course of the arbitration, provided that
the parties agree in writing that the advice of Tribal Court shall
be final as to the question presented and that it shall bind the arbitrator(s)
in rendering any award.
A.
If the time within which an award is rendered has not been fixed
in the arbitration agreement, the arbitrator(s) shall render the award
within thirty (30) days from the date the arbitration has been completed.
The parties may expressly agree to extend the time in which the award
may be made by an extension or ratification in writing.
B.
An arbitration award shall be in writing and signed by the arbitrator(s).
The arbitrator(s) shall provide written notice of the award to each
party by certified or registered mail, return receipt requested.
A.
At any time within one (1) year after an arbitration award has been
rendered and the parties to the award notified, any party to the arbitration
may petition the Tribal Court for an order confirming the award.
B.
Any party applying for an order confirming an arbitration award shall,
at the time the order is filed with the Clerk of the Tribal Court
for entry of judgment, file the following papers with the Clerk:
(1)
The agreement to arbitrate;
(2)
The selection or appointment, if any, of the arbitrator(s);
(4)
Each written extension of the time, if any, within which to make
the award;
(5)
The award;
(6)
Each notice and other paper used upon a petition to confirm; and
(7)
A copy of each order of the Tribal Court upon a petition.
C.
An arbitration award may not be reviewed or modified by the Tribal
Court, but shall be confirmed strictly as provided by the arbitrator(s).
The judgment confirming an award shall be docketed as if it were rendered
in a civil action. The judgment entered shall have the same force
and effect in all respects as, and be subject to all the provisions
of law relating to, a judgment in a civil action, and it may be enforced
as if it had been rendered in a civil action in the Tribal Court.
When the award requires the performance of any act other than payment
of money, the Tribal Court may direct the enforcement of the award
in the manner provided by law.
D.
Vacation of arbitration award.
(1)
The Tribal Court may, however, decline to enforce any arbitration
award if it finds that any of the following occurred:
(a)
The award was procured by corruption, fraud, or undue means;
(b)
There was evident partiality or corruption in the arbitrator(s);
(c)
The arbitrator(s) were guilty of misconduct in refusing to postpone
the hearing upon sufficient cause shown, or in refusing to hear evidence
pertinent and material to the controversy, or of any other misbehavior
by which the rights of any party have been prejudiced; or
(d)
The arbitrator(s) exceeded their powers, or so imperfectly executed
them that a mutual, final, and definite award upon the subject matter
submitted was not made.
(2)
Where an arbitration award is so vacated, the Tribal Court may, in
its discretion, direct a rehearing by the arbitrator.
E.
Modification of arbitration award.
(1)
In any of the following cases where the Tribal Court is authorized
to make an order regarding arbitration, the Tribal Court may make
an order modifying or correcting the arbitration award upon the application
of any party to the arbitration:
(a)
Where there was an evident material miscalculation of figures
or an evident material mistake in the description of any person, thing,
or property referred to in the award;
(b)
Where the arbitrator(s) have awarded upon a matter not submitted
to them, unless it is a matter not affecting the merits of the decision
upon the matter submitted; or
(c)
Where the arbitration award is imperfect in matter of form not
affecting the merits of the controversy.
(2)
The order may modify and correct the award, so as to effect the intent
of the award and promote justice between the parties.
No appeal may be taken from an award issued by an arbitrator
or arbitrators, or from an order issued by the Tribal Court pursuant
to this chapter, enforcing an agreement to arbitrate.
A.
To the extent allowed by federal law, the jurisdiction of the Tribe Court over any action to enforce an agreement to arbitrate, to compel arbitration pursuant to such an agreement to arbitrate, and to enforce an award made by an arbitrator pursuant to such an agreement to arbitrate contained in any contract, agreement, or other instrument described in § 8.3-2A of this chapter shall be concurrent with the jurisdiction of any state or federal court to the jurisdiction of which the parties to such contract, agreement, or other instrument shall have explicitly consented therein. Any consent to the jurisdiction of a state or federal court contained in a contract, agreement, or other instrument described in § 8.3-2 of this chapter, and any waiver of the objection of the parties to exhaust Tribal Court remedies, shall be valid and enforceable in accordance with its terms when properly approved pursuant to tribal law.
B.
Any consent to the jurisdiction of a state or federal court contained in a contract, agreement, or other instrument described in § 8.3-2 of this chapter to which the Tribe, or an agency or instrumentality of the Tribe, is a party shall be valid and enforceable in accordance with its terms, provided that the defense of tribal sovereign immunity has been explicitly and unequivocally waived by the Tribal Council, or explicitly and unequivocally waived by an authorized tribal entity or authority pursuant to an express authorization of the Tribal Council, in the contract, agreement, or other instrument with respect to such state or federal court jurisdiction. Unless the contract, agreement, or other instrument also expressly prohibits the Tribal Court from exercising jurisdiction, the jurisdiction of the Tribal Court under this chapter shall be concurrent with the jurisdiction of any state or federal court to which the Tribe, as authorized by the Tribal Council, shall have explicitly consented in such contract, agreement or other instrument; provided, however, that any waivers of exhaustion of remedies authorized by the Tribal Council shall be respected.
The Tribe's police powers shall be available to secure
and support any arbitration award under this chapter, and all police
or other law enforcement officials of the Tribe shall carry out any
orders that may be entered by the Tribal Court pursuant to this chapter.
If any section or part of this chapter, or the application of
this chapter to any party, shall be held invalid for any reason whatsoever
by a court of competent jurisdiction or by federal legislative action,
the remainder of the relevant section or part of this chapter shall
not be affected, and shall remain in full force and effect.
Nothing in this chapter is, or shall be, interpreted to constitute
a waiver of the sovereign immunity of the Tribe or any of its officers,
employees, or agents acting within the scope of their authority.
