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| | Joer v. Hopland Band of Pomo Indians |
 | | The court held that the Tribe had not waived its sovereign immunity, by entering into an contract containing an arbitration clause, and agreeing to the application of California law, because a Tribal ordinance provided that its sovereign immunity could only be waived by an ordinance or resolution of the Tribal Council explicitly waiving immunity. |
 | | Potawatomi Tribe (1991) 498 U.S. 505-509.) The Court, instead, held the contract language was unambiguous, and by agreeing to submit all disputes to arbitration, to enforcement in any court of competent jurisdiction, and accepting Oklahoma law as the law governing the contract, the tribe had clearly and explicitly waived its sovereign immunity. |
 | | The Tribe did not file a motion to compel arbitration in the proceedings below, and nothing in this opinion should be construed, on remand, to waive that defense, or any other defense the Tribe may have, including failure to exhaust the administrative claims procedure established by the Tribal ordinance. |
| www.law.com /regionals/ca/opinions/jan/a093277.shtml (3564 words) |
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