make application to the Spokane Tribal Court for an order directing the parties to proceed with
the arbitration in compliance with their agreement.
(1) In such event, the Spokane Tribal Court shall order the parties to arbitration in accordance
with the provisions of the contract, agreement or instrument and the question of whether an
obligation to arbitrate the dispute at issue exists shall be decided by the arbitrator(s).
4-26.05 Advice of the Court. At any time during an arbitration, upon request of all the parties to the
arbitration, the arbitrator(s) may make application to the Spokane Tribal Court for advice on any question of
Tribal or state law arising in the course of the arbitration, provided that such parties shall agree in writing
that the advice of the Court shall be final as to the question presented and that it shall bind the arbitrator(s)
in rendering any award.
4-26.06 Time Within Which Award Shall be Rendered.
(a) If the time within which an award is rendered has not been fixed in the arbitration agreement,
the arbitrator(s) shall render the award within 30 days from the date the arbitration has been
completed.
(1) The parties may expressly agree to extend the time in which the award may be made by an
extension or ratification thereof in writing.
(b) An arbitration award shall be in writing and signed by the arbitrator(s).
(1) The arbitrator(s) shall provide written notice of the award to each party by certified or
registered mail, return receipt requested.
4-26.07 Application for Order Confirming Award; Record to be Filed with Clerk of Court; Effect and
Enforcement of Judgment.
(a) At any time within 1 year after an arbitration award has been rendered and the parties thereto
notified thereof, any party to the arbitration may make application to the Spokane Tribal Court
for an order confirming the award.
(b) Any party applying for an order confirming an arbitration award shall, at the time the order is
filed with the Clerk of the Spokane Tribal Court for entry of judgment thereon, file the following
papers with the Clerk:
(1) the agreement to arbitrate;
(2) the selection or appointment, if any, of the arbitrator(s);
(3) any written agreement requiring the reference of any question as provided in Section 5;
(4) each written extension of the time, if any, within which to make the award;
(5) the award;
(6) each notice and other paper used upon an application to confirm; and
(7) a copy of each order of the Spokane Tribal Court upon such an application.
(c) An arbitration award shall not be subject to review or modification by the Spokane Tribal Court,
but shall be confirmed strictly as provided by the arbitrator(s).
(1) The judgment confirming an award shall be docketed as if it were rendered in a civil action.
(2) The judgment so entered shall have the same force and effect in all respects as, and be
subject to all the provisions of law relating to, a judgment in a civil action, and it may be
enforced as if it has been rendered in a civil action in the Tribal Court.
(3) When the award requires the performance of any other act than the payment of money, the
Tribal Court may direct the enforcement thereon in the manner provided by law.
4-26.08 Arbitration Award Not Appealable. No further appeal may be taken from an order issued by the
Tribal Court pursuant to this Code enforcing an agreement to arbitrate or an award issued by an arbitrator.
4-26-09 Jurisdiction of the Tribal Court in Actions to which the Spokane Tribe is a Party.
(a) The Spokane Tribal Court shall have exclusive Tribal Court jurisdiction over any action to enforce
an agreement to arbitrate, to compel arbitration pursuant to such an agreement to arbitrate and
to enforce an award made by an arbitrator pursuant to such agreement to arbitrate, contained
in any contract, agreement or other instrument described in Section 1 of this Code to which the
Spokane Tribe of Indians is a party; provided that the Spokane Tribal Council explicitly has
waived the defense of Tribal sovereign immunity in the contract, agreement, or other
41
Revised Spokane Law & Order Code, 5/14/2013