[HISTORY: Adopted by the Legislature of the Menominee Indian
Tribe 5-1-2008 by Ord. No. 08-06. Amendments noted where applicable.]
The purpose of this chapter is to allow for the efficient arbitration
of any dispute between the Menominee Indian Tribe of Wisconsin ("Tribe")
or the Menominee Indian Gaming Authority (MIGA) and any third party
where the Tribe or Authority has consented to such arbitration in
a manner which preserves the sovereign immunity of the Tribe in accordance
with Article XVIII of the Constitution and Bylaws of the Menominee
Indian Tribe.
[Amended 1-16-2014 by Ord. No. 13-51]
The provisions of this chapter shall apply to:
B.
Any contract, including but not limited to any Abandonment Reimbursement
Agreement, authorized by the Menominee Tribal Legislature, and entered
into between the Menominee Indian Tribe of Wisconsin and Seminole
Hard Rock Entertainment, Inc., Osceola Group, or any affiliate thereof
(hereinafter "applicable contract").
C.
Any contract entered into between the Menominee Indian Tribe of Wisconsin
and Midwest Contract Operations, Inc., related to consultation and
management of tribal wastewater systems (hereinafter "applicable contract");
and
[Added 10-20-2016 by Ord.
No. 16-29]
D.
Any lease of land from the Tribe to Standing Pines, LLC, or Wolf
River Development Company; any written agreement entered into between
Standing Pines, LLC and Bay Bank, or Wolf River Development Company
and Bay Bank; and any Branch and Banking Services Agreement entered
into between the Tribe and Bay Bank (hereinafter "applicable contract").
[Added 2-6-2020 by Ord. No. 19-33; amended 7-16-2020 by Ord. No. 20-17]
E.
Any written agreement entered into between Bug Tussel Wireless, LLC
and the Menominee Indian Tribe of Wisconsin - Utilities Department
executed after April 1, 2021 (hereinafter "applicable contract").
[Added 4-15-2021 by Ord. No. 21-36]
A written provision in any applicable contract to settle by
arbitration a controversy thereafter arising out of such contract
or the refusal to perform the whole or any part thereof shall be valid,
irrevocable, and enforceable, save upon such grounds as exist at law
or in equity for the revocation of any contract.
If any suit or proceeding is brought in any of the Courts of
the Menominee Indian Tribe upon any issue referable to arbitration
under an applicable contract in writing for such arbitration, the
Court in which such suit is pending, upon being satisfied that the
issue involved in such suit or proceeding is referable to arbitration
under such an agreement, shall on application of one of the parties
stay the trial of the action until such arbitration has been had in
accordance with the terms of the agreement, provided that the applicant
for the stay is not in default in proceeding with such arbitration.
A party alleging failure, neglect, or refusal of another to
arbitrate pursuant to the terms of any applicable contract may petition
the Menominee Tribal Court for an order directing that such arbitration
proceed in the manner provided for in such agreement. Five days' notice
in writing of such petition shall be served upon the party in default.
Service thereof shall be made in the manner provided by the Menominee
Tribal Court Rules of Civil Procedure. The Court shall hear the parties,
and upon being satisfied that the making of the agreement for arbitration
or the failure to comply therewith is not in issue, the Court shall
make an order directing the parties to proceed to arbitration in accordance
with the terms of the agreement. If the making of the arbitration
agreement or the failure, neglect, or refusal to perform the same
is in issue, the Court shall proceed summarily to the trial thereof.
The Court shall hear and determine such issue. Any petition to the
Court pursuant to this section shall be made and heard in the manner
provided by law for the making and hearing of motions.
If in the applicable contract a method of naming or appointing
an arbitrator or arbitrators is provided, such method shall be followed.
If no such method is provided therein, or if for any reason there
shall be a lapse in the naming of an arbitrator or arbitrators or
in filling a vacancy, then upon the petition of either party to the
controversy the Menominee Tribal Court shall designate and appoint
an arbitrator or arbitrators, as the case may require, who shall act
under said agreement with the same force and effect as if he or they
had been specifically named therein, and unless otherwise provided
in the agreement the arbitration shall be by a single arbitrator.
Any petition to the Court pursuant to this section shall be made and
heard in the manner provided by law for the making and hearing of
motions.
The arbitrators selected either as prescribed in the applicable agreement or in § 15-6 of this chapter, or a majority of them, may summon in writing any person to attend before them or any of them as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case. The fees for such attendance shall be the same as the fees of witnesses in United States courts. Said summons shall issue in the name of the arbitrator or arbitrators, or a majority of them, and shall be directed to said person and shall be served in the same manner as subpoenas to appear and testify before the Menominee Tribal Court. If any person or persons so summoned to testify shall refuse or neglect to obey said summons, upon petition the Menominee Tribal Court may compel the attendance of such person or persons before said arbitrator or arbitrators or punish said person or persons for contempt in the same manner provided by law for securing the attendance of witnesses or their punishment for neglect or refusal to attend in Menominee Tribal Court.
If the parties in their agreement have agreed that a judgment of the Menominee Tribal Court shall be entered upon the award made pursuant to the arbitration, then at any time within one year after the award is made any party to the arbitration may apply to the Menominee Tribal Court for an order confirming the award, and thereupon the Court must grant such an order unless the award is vacated, modified, or corrected as prescribed in § 15-9 of this chapter. Notice of the application shall be served upon the adverse party, and thereupon the Court shall have jurisdiction of such party as though it had appeared generally in the proceeding. Service shall be made upon the adverse party or his attorney as prescribed by law for service of notice of motion in an action in Menominee Tribal Court.
A.
In any of the following cases the Menominee Tribal Court may make
an order vacating the award upon the petition of any party to the
arbitration:
(1)
Where the award was procured by corruption, fraud, or undue means;
(2)
Where there was evident partiality or corruption in the arbitrators,
or either of them;
(3)
Where the arbitrators 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
(4)
Where the arbitrators exceeded their powers or so imperfectly executed
them that a mutual, final, and definite award upon the subject matter
submitted was not made.
B.
If an award is vacated and the time within which the agreement required
the award to be made has not expired, the Court may, in its discretion,
direct a rehearing by the arbitrators.
C.
In either of the following cases the Menominee Tribal Court may make
an order modifying or correcting the award upon the petition of any
party to the arbitration:
(1)
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.
(2)
Where the arbitrators 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.
(3)
Where the award is imperfect in matter of form not affecting the
merits of the controversy.
D.
The order may modify and correct the award so as to affect the intent
thereof and promote justice between the parties.
E.
Notice of a motion to vacate, modify, or correct an award must be
served upon the adverse party or his attorney within three months
after the award is filed or delivered. Such service shall be made
upon the adverse party in the same manner a complaint must be served
under the Menominee Tribal Court Rules of Civil Procedure. A Menominee
Tribal Court Judge may make an order, to be served with the notice
of motion, staying the proceedings of the adverse party to enforce
the award.
A.
The party moving for an order confirming, modifying, or correcting
an award shall, at the time such order is filed with the Clerk for
the entry of judgment thereon, also file the following papers with
the Clerk:
(1)
The agreement; the selection or appointment, if any, of an additional
arbitrator; and each written extension of the time, if any, within
which to make the award.
(2)
The award.
(3)
Each notice, affidavit, or other paper used upon an application to
confirm, modify, or correct the award and a copy of each order of
the Court upon such an application.
B.
The judgment shall be docketed as if it was rendered in an action,
and the judgment so 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 an action, and it may be enforced as if it had been
rendered in an action in Menominee Tribal Court.
This chapter shall not affect or be applicable to any contract
entered into prior to April 3, 2008.
