(e) If the alleged contemnor is a corporation, an order of attachment for sequestration of the
corporation may be issued seizing corporation property upon refusal or failure to appear, which
may be held until the contemnor appears as directed by the court.
(f) Upon the appearance of the alleged contemnor, or at the trial of the issue, the court shall hear
the evidence, and if the court finds by a preponderance of the evidence that the person enjoined
has disobeyed the injunction he may be committed to jail until he purges himself of the
contempt as may be directed by the court or until he is discharged by law.
Section 4-26 Arbitration
4-26.01 Scope of Code. This Code applies to any written contract, agreement or other instrument entered
into by:
(a) the Spokane Tribe of Indians, or
(b) any other person in a transaction that is subject to the jurisdiction of the Spokane Tribe of
Indians, in which the parties thereto agree to settle by arbitration any controversy arising out of
such contract, agreement or other instrument, or any other controversy existing between them
at the time of the agreement.
4-26.02 Agreements to Arbitrate are Enforceable. An agreement in any written contract, agreement or other
instrument, or in a separate writing executed by the parties to any written contract, agreement or other
instrument, to settle by arbitration any controversy thereafter arising out of such contract, agreement or
other instrument, or any other transaction contemplated there under, including the failure or refusal to
perform the whole or any part thereof, or a written agreement between 2 or more persons to submit to
arbitration any controversy existing between them at the time of the agreement, shall be valid, irrevocable
and enforceable.
4-26.03 Law to be Applied.
(a) In any contract, agreement or instrument described in Section 1 of this Code, the parties may
agree upon the jurisdiction whose substantive law shall govern the interpretation and
enforcement of the contract, agreement, instrument or controversy.
(1) Such choice of law shall be valid and enforceable, and not subject to revocation by 1 party
without the consent of the other party or parties thereto, provided that the subject matter of
the contract, agreement, instrument or controversy, and at least 1 of the parties thereto,
shall have some contact with the jurisdiction so selected.
(b) In any proceeding under this Code, whenever the contract, agreement or other instrument sets
forth a choice of law provision, the Spokane Tribal Court shall apply the procedural rules of the
Spokane Tribal Court and the substantive law of the jurisdiction selected in such choice of law
provision; provided that no procedural rule of the Spokane Tribal Court shall be effective to bar,
delay or impair any action, proceeding or remedy where such action, proceeding or remedy
would not be barred, delayed or impaired by the procedural rules of the courts of the jurisdiction
whose substantive law applies.
(c) In any proceeding under this Code, whenever the contract, agreement or other instrument does
not set forth a choice of law provision, the Spokane Tribal Court shall first apply the substantive
law of the Spokane Tribe of Indians, including any applicable choice of law principles, and then
the substantive law of the State of Washington, including any applicable choice of law principles,
provided that such law does not conflict with this Code or other applicable Tribal law.
4-26.04 Stay of Proceedings and Order to Proceed with Arbitration.
(a) If any action for legal or equitable relief or other proceeding is brought by any party to any
contract, agreement or instrument described in Section 1 of this Code, the Tribal Court Judge
who is presiding over the pending action or proceeding 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, agreement or instrument described in Section 1 of this Code claiming
the neglect or refusal of another party thereto to proceed with an arbitration there under may
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Revised Spokane Law & Order Code, 5/14/2013