[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
(a) Short title. This code shall be entitled "The Grand Traverse Band
Arbitration Code."
(b) Purpose. It is the purpose of this Code to authorize the arbitration
of disputes in contractual agreements and to provide for the enforcement
of agreements to arbitrate, and resulting arbitration awards, by the
Tribal Court.
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
(a) Scope. This Code applies to any written contract or other instrument
entered into by the Grand Traverse Band, by any subdivision, instrumentality
or agency of the Band, or by any other person in a transaction that
is subject to the jurisdiction of the Band, in which: (1) the parties
thereto agree to settle by arbitration any controversy arising out
of such contract or other instrument, and (2) the Tribal Council designates,
by resolution, that this Code shall apply.
(b) Inconsistent provisions. Any prior legislation or other Band laws
that are inconsistent with the purpose and procedures established
by this Code are hereby repealed to the extent of any such inconsistency.
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
An agreement in any written contract or other instrument, or
in a separate writing executed by the parties to any written contract
or other instrument, to settle by arbitration any controversy thereafter
arising out of such contract or other instrument, or any other transaction
contemplated thereunder, or a written agreement between two or more
persons to submit to arbitration any controversy existing between
them at the time of the agreement, shall be valid, irrevocable and
enforceable.
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
(a) In any contract or other instrument described in § 402(a)
of this Code, the parties may agree upon the jurisdiction whose substantive
law shall govern the interpretation and enforcement of the contract,
instrument or controversy. Such choice of law shall be valid and enforceable,
and not subject to revocation by one party without the consent of
the other party or parties thereto, provided that the subject matter
of the contract, instrument or controversy, or at least one of the
parties thereto, shall have some contact with the jurisdiction so
selected.
(b) In any proceeding under this Code, whenever the contract or other
instrument sets forth a choice of law provision, the Tribal Court
shall apply the procedural rules of the Tribal Court and the substantive
law of the jurisdiction selected in such choice-of-law provision;
provided that no procedural rule of the Tribal Court shall 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 in the Tribal Court relating to a contract or other
instrument described in § 402(a) of this Code, whenever
the contract or other instrument does not set forth a choice of law
provision, the Tribal Court shall apply the substantive law of the
Band, including any applicable choice-of-law principles.
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
(a) If any action for legal or equitable relief or other proceeding is
brought in the Tribal Court by any party to any contract or instrument
described in § 402(a) of this Code, the Tribal Court shall
not review the merits of the pending action or proceeding, but shall
stay the action or proceeding until an arbitration has been had in
compliance with the agreement.
(b) A party to any contract or other instrument described in § 402(a)
of this Code claiming the neglect or refusal of another party thereto
to proceed with an arbitration thereunder may make application to
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 arbitration in accordance
with the provisions of the contract or other instrument and the question
of whether an obligation to arbitrate the dispute at issue exists
shall be decided by the arbitrator(s).
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
At any time during an arbitration, upon request of all the parties
to the arbitration, the arbitrator(s) may make application to the
Tribal Court for advice on any question of Band law or state or federal
law arising in the course of the arbitration so long as such parties
agree in writing that the advice of the Court shall be final as to
the question presented and that it shall bind the arbitrator(s) in
rendering any award.
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
(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 30 days from the date the arbitration has been completed. The
parties may, by written agreement, agree to extend the time in which
the award may be made.
(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.
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
(a) At any time within one year after an arbitration award has been rendered
and the parties thereto notified thereof, any party to the arbitration
may make application to the Tribal Court for an order confirming the
award.
(b) Any party applying to the Tribal Court for an order confirming an
arbitration award shall, at the time the award is filed with the Clerk
of the Tribal Court for entry of judgment thereon, file true and correct
copies of the following papers with the Clerk: (1) the agreement to
arbitrate; (2) if applicable, the Tribal Council resolution approving
application of this Code; (3) written identification of the arbitrator(s)
and any material documenting the selection or appointment of the arbitrator(s);
(4) any written agreement requiring the reference of any question
as provided in § 406; (5) each written extension of the
time, if any, within which to make the award; (6) the award; and (7)
evidence that all parties to the arbitration have received notice
of the filing or the intent to file an application to the Tribal Court
for confirmation of the arbitration award.
(c) An arbitration award shall not be subject to review or modification
by the Tribal Court, but shall be confirmed strictly as provided by
the arbitrator; provided, that the Tribal Court may nevertheless decline
to enforce any arbitration award if it finds that any of the following
occurred:
(1)
The award was procured by corruption, fraud, or undue means;
(2)
There was evident partiality or corruption in the arbitrator(s);
(3)
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
(4)
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.
Where an arbitration award is so vacated, the Tribal Court may,
in its discretion, direct a rehearing by the arbitrator(s).
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(d) 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:
(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 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
(3)
Where the arbitration award is imperfect in matter of form not
affecting the merits of the controversy.
The order may modify and correct the award, so as to effect
the intent thereof and promote justice between the parties.
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(e) The judgment confirming an award shall be docketed as if it were
rendered in a civil action. 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 a civil action, and it
may be enforced as if it has been rendered in a civil action in the
Tribal Court. When the award requires the performance of any other
act than the payment of money, the Tribal Court may direct the enforcement
thereon in the manner provided by law.
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
No further appeal may be taken from an order issued by the Tribal
Court pursuant to this Code enforcing an agreement to arbitrate or
an award issued by an arbitrator.
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
To the extent allowed by federal law, the jurisdiction of the
Tribal 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 agreement
to arbitrate, contained in any contract, agreement or other instrument
described in § 402(a) of this Code, 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 § 402(a) of this Code, and
any waiver of the obligation of the parties to exhaust Tribal Court
remedies shall be valid and enforceable in accordance with its terms
when approved in writing by the Tribal Council.
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
The Band's police powers shall be available to secure and support
any arbitration award under this Code, and all police or other law
enforcement officials of the Band shall carry out any orders that
may be entered by the Tribal Court pursuant to this Code.
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
If any section or part thereof of this Code or the application
thereof 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 Code shall not
be affected thereby and shall remain in full force and effect.
[History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
Nothing in this Code is or shall be interpreted to constitute
a waiver of the sovereign immunity of the Band or any of its officers,
employees or agents acting within the scope of their authority.