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TRIBAL-STATE COMPACT WITH THE POKAGON BAND OF POTAWATOMI INDIANS > Dispute Resolution
Short Summary
The provided legal document content pertains to the dispute resolution procedures outlined in the Tribal-State Compact with the Pokagon Band of Potawatomi Indians. In the event of noncompliance or a dispute, either party may invoke the dispute resolution procedures. The initial step is informal dispute resolution, where the party asserting noncompliance or seeking interpretation serves written notice on the other party. Representatives of the State and the Band then meet within thirty calendar days to resolve the claim or dispute. If the claim or dispute remains unresolved after ninety days, either party may pursue resolution through an action brought in a United States District Court, waiving their sovereign immunity. Alternatively, the parties may agree to pursue binding arbitration if they are unable to resolve the claim or dispute within ninety days. The arbitration is conducted under the Commercial Arbitration Rules of the American Arbitration Association, with attorneys serving as arbitrators. Both the Band and the State bear their own costs of arbitration and attorney fees. The documents emphasize that nothing in the chapter waives, limits, or restricts any other available remedies to enforce or resolve disputes concerning the provisions of the Compact. Additionally, the Band and the State agree that neither party can assert as part of a defense or response that there was a failure to exhaust administrative or Band remedies. The Compact does not waive the Band’s or the State’s sovereign immunity, except as expressly stated otherwise. No specific penalties are mentioned in these documents.
Whom does it apply to?
The parties to the Tribal-State Compact with the Pokagon Band of Potawatomi Indians
What does it govern?
Dispute resolution
What are exemptions?
The State's waiver of sovereign immunity does not extend to claims or disputes related to the State's consideration of a renewal term or negotiation of a successor compact or to its consideration of a proposed amendment to this Compact.
What are the Penalties?
No specific penalties are mentioned in these documents.
Jurisdiction
Indiana