§ 4-29.5-7-4 — Binding arbitration

Indiana § 4-29.5-7-4

• Jurisdiction: Indiana
• Art. 29.5: TRIBAL-STATE COMPACT WITH THE
• Ch. 7: Dispute Resolution

Text

Binding Arbitration. In the event that the Band
and the State are unable to resolve a claim or dispute through the
process specified in section 2 of this chapter within ninety (90) days
after service of the required notice in section 2 of this chapter, the Band
and the State may by mutual written consent as to such claim or
dispute, agree to pursue resolution of the claim or dispute through
binding arbitration. The party asserting noncompliance or seeking an
interpretation of any provision of this Compact may, upon first
obtaining such mutual written consent, pursue resolution through
binding arbitration. Any arbitration under this authority shall be
conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("Rules") except that the arbitrators shall be
attorneys who are licensed members of the Indiana State Bar, the State
Bar of Michigan, or the bar of another state, in good standing, and shall
be selected by the State appointing one arbitrator, the Band appointing
a second arbitrator, and the two so appointed shall select a third
arbitrator who shall serve as the chair. If the third arbitrator is not
chosen in this manner within ten (10) days after the second arbitrator
is appointed, the third arbitrator shall be selected in accordance with
the Rules. The Band and the State shall each bear their own costs of
arbitration and attorney fees and shall equally share the administrative
cost and fees for the arbitration services. In order to effectuate this
section, and in the exercise of its sovereignty, the Band expressly and
irrevocably waives its sovereign immunity in connection with the
arbitrator's jurisdiction and in any action brought in a federal court to:
(1) enforce the Band's obligation to arbitrate, (2) enforce or confirm
any arbitral award rendered in the arbitration, or (3) enforce or execute
a judgment based upon the award. In order to effectuate this section,
and in the exercise of its sovereignty, the State expressly and
irrevocably waives its sovereign immunity in connection with the
arbitrator's jurisdiction and in any action brought in a federal court to:
(1) enforce the State's obligation to arbitrate, (2) enforce or confirm any
arbitral award rendered in the arbitration, or (3) enforce or execute a
judgment based upon the award.

Legislative History

As added by P.L.171-2021, SEC.1.