Indiana § 5-33.5-3-7 Waiver of state sovereign immunity; conditions; application

Indiana Statutes

§ 5-33.5-3-7 — Waiver of state sovereign immunity; conditions; application

Indiana § 5-33.5-3-7

Title 5STATE AND LOCAL ADMINISTRATION

Art. 33.5AGREEMENTS WITH FEDERALLY

Ch. 3Agreements with Federally Recognized Indian Tribes

This text of Indiana § 5-33.5-3-7 (Waiver of state sovereign immunity; conditions; application) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 5-33.5-3-7 (2026).

Text

(a)For purposes of this chapter only, the state may waive its immunity from suit in federal court under the Eleventh Amendment to the Constitution of the United States only if both of the following conditions are met:

(1)The agreement in dispute was entered into under this chapter.

(2)The agreement in dispute contains a provision that mandates arbitration providing the federal court jurisdiction under the Federal Arbitration Act (9 U.S.C. 1 et seq.) or a successor act that requires or may require arbitration.

(b)A waiver permitted under subsection (a) applies only to an action:

(1)to compel arbitration;

(2)to determine whether an issue is arbitrable; or

(3)to confirm an award entered by the arbitrator.

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(a) For purposes of this chapter only, the state
may waive its immunity from suit in federal court under the Eleventh
Amendment to the Constitution of the United States only if both of the
following conditions are met:
(1) The agreement in dispute was entered into under this chapter.
(2) The agreement in dispute contains a provision that mandates
arbitration providing the federal court jurisdiction under the
Federal Arbitration Act (9 U.S.C. 1 et seq.) or a successor act that
requires or may require arbitration.
(b) A waiver permitted under subsection (a) applies only to an
action:
(1) to compel arbitration;
(2) to determine whether an issue is arbitrable; or
(3) to confirm an award entered by the arbitrator.