Little River Band of Ottawa Indians, Ordinances, Ch. 300

Chapter 300 - Judiciary

TRIBAL COURT ORDINANCE
Ordinance # 97-300-01

Section 1. Purpose.

1.01. Pursuant to the authority vested in the Little River Band of Ottawa Indians by its Constitution and particularly by Article VII of the Constitution of the Little River Band of Ottawa Indians, and in furtherance of the Tribal Council's authority to provide for the health, safety, morals, and welfare of the Tribe, the Tribal Council of the Little River Band of Ottawa Indians hereby establishes the Tribal Judiciary, and enacts this ordinance which shall establish the purposes, powers, and duties of the Tribal Courts.

This Ordinance is adopted under the provisions of the Constitution of the Little River Band of Ottawa Indians, which was recognized and extended by Section 8(a)(2) of Public Law 103-324. It is intended that this Ordinance continue in full force and effect not only until such time as the Little River Band of Ottawa Indians adopt a new constitution under the Indian Reorganization Act, as authorized by Section 8(a)(1) of Public Law 103-324, but thereafter, unless and until it is modified, amended or revoked by the duly authorized and elected governing body as created by such new constitution.

Section 2. Composition of the Tribal Court System.

2.01. Tribal Court. The Tribal Court shall be a court of general jurisdiction and shall consist of one (1) chief judge and one (1) associate judge who shall meet as often as circumstances require. The Tribal Council may also establish such lower courts or tribunals of limited jurisdiction as the Tribal Council deems necessary from time to time. Except as provided by any Tribal Ordinance establishing lower courts and tribunals, the Tribal Court shall have general superintending control over all such lower courts and tribunals.

2.02. Court of Appeals. The Tribal Court of Appeals shall consist of three (3) judges. At least one (1) of the three (3) judges shall be an Elder (age 55 years or older) in the Tribe, and at least one (1) of the three (3) judges shall be an attorney licensed to practice before the courts of a state in the United States.

Section 3. Organization and Operation of the Tribal Court System.

3.01. Duties and Powers of the Chief Judge. The person appointed by the Tribal Council to serve as Chief Judge of the Tribal Court shall serve as the presiding officer of the Tribal Court. In that capacity, the Chief Judge shall:

Initiate policies concerning the Tribal Court's internal operations and external matters affecting the Tribal Court's position;
Meet regularly with the Associate Judge and all Judges of lower courts and tribunals;
Counsel and assist the Associate Judge in the performance of his/her duties;
Supervise caseload management and monitor the disposition of judicial work of the Tribal Court and Tribal Court personnel;
Represent the Tribal Judiciary in its relations with other courts, other agencies, the Tribal Council,
the bar, the general public and in ceremonial functions; and
Perform any act or duty or enter any order necessarily incidental to carrying out the purposes of this section.

3.02. Judicial Conferences. At least once a year and at such other times as the Chief Judge finds necessary, the Judges of the Tribal Courts, including the Court of Appeals, shall meet to consider proposals to adopt or amend the rules of the court, improve the administration of justice, including the operations of the court, and to review court finances, including preparation of budget proposals and financial reporting.

Section 4. Jurisdiction of Tribal Court.

4.01. Original Jurisdiction. The Tribal Court shall have original jurisdiction to hear and determine all civil and criminal claims and remedies arising within the jurisdiction of the Tribe or which the Tribe or an enrolled member of the Tribe is a party, except where original jurisdiction or exclusive is given by Ordinance to some other court or tribunal or where the Tribal Courts are denied jurisdiction by the Constitution.

4.02. Appellate Jurisdiction. The Tribal Court shall have appellate jurisdiction to hear appeals from decisions of administrative tribunals, tribal agencies, commissions or other subordinate organizations except where the Tribal Court is denied such appellate jurisdiction by the Constitution or Ordinances of the Tribe.

4.03. Effectuation of Jurisdiction. The Tribal Court shall have jurisdiction and power to make any order proper to fully effectuate the Tribal Court's jurisdiction and judgments.

Section 5. Powers of the Tribal Courts.

5.01. The judicial powers of the Little River Band of Ottawa Indians shall extend to all cases and matters in law and equity arising under the Tribal Constitution, the laws and ordinances of or applicable to the Little River Band of Ottawa Indians including but not limited to:

To adjudicate all civil and criminal matters arising within the jurisdiction of the Tribe or which the Tribe or an enrolled member of the Tribe is a party;
To review ordinances and resolutions of the Tribal Council or General Membership to insure they are consistent with the Tribal Constitution and to invalidate those ordinances and resolutions which are determined to be inconsistent with the Tribal Constitution;
Hear disputes based on ordinances and laws of the Tribe for purpose of determining innocence or guilt where trial by jury has been waived;
Assign fines and penalties as allowed for violations of Tribal law in accordance with Tribal and Federal Law;
Grant search warrants to enforcement officers when just cause is shown;
Grant warrants, writs, injunctions and orders not inconsistent with the Tribal Constitution;
Establish, by general rules, the practice and procedures for all courts of the Little River Band of Ottawa Indians;
To prepare and present to the Tribal Chairperson and Tribal Council a budget requesting an appropriation of funds to permit the Tribal Courts to employ personnel or to retain by contract such independent contractors, professional services and whatever other services may be necessary to carry out the dictates of this Ordinance and all Ordinances creating lower courts of limited jurisdiction.

Section 6. Jurisdiction of Court of Appeals.

6.01. Appeals as of Right. The Court of Appeals has jurisdiction over all orders and judgments which are appealable as a matter of right. Except where appellate jurisdiction is given by Ordinance to some other court or tribunal or where the Court of Appeals is denied appellate jurisdiction by the Constitution or Ordinances of the Tribe, all appeals to the Court of Appeals from final judgments or decisions of the Tribal Court by this Ordinance shall be a matter of right.

6.02. Appeals by Leave. Where appellate jurisdiction is given by Ordinance to the Tribal Court or any other lower court or tribunal, the Court of Appeals may review by appeal a case after decision on appeal by the Tribal Court or other lower court. All appeals to the Court of Appeals from appellate decisions of Tribal Court or other lower court or tribunal shall be reviewable only upon application for leave to appeal granted by the Court of Appeals.

Section 7. Action by the Tribal Courts; Record of Proceedings.

7.01. Decisions and Orders. Decisions or Orders of the Tribal Courts shall be in writing, with a concise statement of the facts and reasons for the decisions; and shall be signed by the Judge issuing the opinion. Decisions or Orders of the Court of Appeals shall be signed by all participating Judges. Any Judge dissenting from a decision shall give the reasons for the dissent in writing which is signed by such Judge. All Orders, decisions and dissents issued by the Tribal Courts shall be filed in office of the Tribal Court Clerk, and a record of all decisions and dissents shall be maintained by the Court Clerk.

7.02. Form of Writs and Process. All writs and process issuing from the Tribal Courts shall be styled: "In the Name of the Little River Band of Ottawa Indians,". The seal of the Tribal Court affixed to, or impressed upon, any writ or process in any action in any proceeding or action shall be conclusive evidence that the writ or process was issued by the Tribal Court in all cases where such writ or process may be lawfully issued.

7.03. Record of All Proceedings Required. The Tribal Courts shall be courts of record and a record of all official proceedings in the Tribal Courts shall be made and maintained by and filed in the Office of the Tribal Court Clerk.

Section 8. Substantive Law.

8.01. In all cases the Courts of the Little River Band of Ottawa shall apply the laws, regulations, or policies of the Little River Band of Ottawa, or any applicable laws or regulations of the United States.

8.02. Any matters not covered by the laws or regulations of the Little River Band of Ottawa, or by applicable federal laws or regulations, may be decided by the Courts according to the laws of the State of Michigan.

Section 9. Procedure in the Tribal Courts.

9.01. Procedural Rules Applied. The procedure to be followed in civil and criminal cases filed in the Tribal Courts shall be the Michigan Rules of Criminal Procedure and Michigan Rules of Civil Procedure, except insofar as such procedures are superseded by Rules of Procedure enacted by the Tribal Courts.

9.02. The Tribal Courts' authority to promulgate and amend general rules governing practice and procedure in the Tribal Courts shall include, but not be limited to, the authority to:

Prescribe the forms of all process to be issued by the Courts,
Prescribe the practices and procedures in the Tribal Courts concerning:
1. Methods of review,
2. Special verdicts,
3. Granting of new trials,
4. Taxation of costs,
5. Notice of special motions and other proceedings,
6. The staying of proceedings,
7. Hearing of motions,
8. Discovery procedures, and
9. Rules of Evidence.

Section 10. Rules of Evidence.

10.01. The Tribal Courts shall be bound by the Michigan Rules of Evidence, except insofar as such rules are superseded by Rules of Evidence enacted by the Tribal Court.

Section 11. Judicial Independence.

11.01. The Tribal Courts shall be independent from the legislative and executive functions of the tribal government and no person exercising powers of the legislative or executive functions of government shall exercise powers properly belonging to the judicial branch of government; provided that the Tribal Council shall be empowered to function as the Tribal Court of the Little River Band until the judges prescribed by this Ordinance have been appointed. Rulings of the Tribal Courts cannot be appealed to the Tribal Council or to any other jurisdiction unless such appeal is specifically provided for or permitted by Federal law.

Section 12. Appointment and Compensation.

12.01. Manner of Appointment. Judges of the Tribal Courts, including the Court of Appeals, shall be appointed by the affirmative vote of five (5) of the seven (7) members of the Tribal Council.

12.02. Compensation. The Tribal Council shall have the power to establish the level of compensation for each Judge; provided that the compensation due to each individual Judge shall not be diminished during the term of his/her appointment.

12.03. Swearing in Judges. Tribal Judges shall be sworn in by the Chairperson of the Tribal Council.

Section 13. Qualifications for Appointment.

13.01. In addition to the qualifications described in Section 2, an individual must meet the following additional qualifications in order to be eligible for appointment as a Judge of any Tribal Court:

1. Member of the Tribe. Any member of the Tribe who is twenty-five (25) years of age or older, who is not a member of the Tribal Council or running for a seat on the Tribal Council, and has not been convicted of a felony under Federal, Tribal, or State law or any other crime involving dishonesty or moral turpitude, unless such conviction stems from the performance of a legal duty to the Tribe, may serve as a Tribal Judge.

2. Non-Member Qualifications. A non-member of the Tribe may be appointed to serve as a Tribal judge if such individual possesses a Law degree and has practiced in Federal Indian law or as a Tribal Judge.

3. Licensed Attorneys in Certain Cases. In connection with the establishment of a lower court or division of the Tribal Court system, the Tribal Council may provide by ordinance that an individual serving as Tribal Judge in that court or division must, in addition to meeting the qualifications required under subsection (a) or (b) of this Section 12, be an attorney licensed to practice in the courts of a state of the United States.

Section 14. Term of Office.

14.01. Except as provided for in Section 15 of this Ordinance, the term of office for all Tribal Judges shall be four (4) years, or until the Tribe adopts a new Constitution pursuant to a Secretarial Election and makes judicial appointments under such Constitution.

14.02. Tribal Judges will continue in office until a successor is sworn in by the Tribal Chairperson.

14.03. There shall be no prohibition against continuous service.

Section 15. Resignation or Removal.

15.01. Resignation. A Tribal Judge may resign his/her office at any time. Resignation is immediate upon a Judge submitting written notice to the Tribal Council of his/her resignation.

15.02. Reasons for Removal of Tribal Judge. A Tribal Judge may only be removed by a vote of five (5) of the seven (7) Council Members following a recommendation of removal by a majority of the remaining Tribal Judges for the following reasons:

Unethical conduct, as defined by the Michigan Indian Judicial Association Model Code of Tribal Judicial Conduct;
Gross misconduct or malfeasance in office that is clearly prejudicial to the administration of justice;
Ineligibility, under Section 13.01 of this Ordinance to serve as a member of the Tribal Court;
Inability to fulfill the duties of the office due to mental or physical disability, to the extent that they are incapable of exercising judgment about or attending to the business of the Tribe. Such determination shall be based upon or supported by competent medical evidence or opinion.

15.03. Procedure for Removal of Tribal Judge. If a member of the Tribal Judiciary obtains information which indicates that grounds exist for removal of another Judge, the member shall provide written notice of the charge and specify the facts supporting such charge to all Tribal Judges, including the accused. The Judge so charged shall be notified in advance and provided an opportunity to answer the charges at a public hearing of all members of the Tribal Court held for that purpose. Such hearing shall be noticed at least ten (10) days prior to the hearing at which the Judge's referral for removal is to be considered. If a majority of the remaining Judges of the Tribal Court vote to refer the Judge to the Tribal Council for removal, the grounds for removal shall be set forth with specificity and the Tribal Judge shall be suspended from office until the Tribal Council acts on the referral at a public meeting of the Tribal Council held to consider that referral. At least ten (10) days before the meeting of the Tribal Council at which the vote for removal will be taken, the affected Judge shall be provided with a written notice of that meeting, which notice shall specify the nature of the charges being considered and the facts allegedly supporting such charges. Before any vote for removal is taken, the affected Judge shall be provided with a reasonable opportunity to answer the charges at the Tribal Council meeting. If the Tribal Council, by affirmative vote of five (5) of the seven (7) Council members, finds that grounds for removal as stated by the Tribal Court exist, the Tribal Council shall remove the Judge from office. If the Tribal Council find that the grounds for removal do not exist, the suspended Judge shall be fully reinstated to the Tribal Court.

Section 16. Vacancy.

16.01. A vacancy in any Judge position resulting from a Judge's death, resignation or removal shall be filled in the same manner as the original appointment. The term of office for any Tribal Judge appointed under this Section shall be four (4) years, or until the Tribe adopts a new Constitution pursuant to a Secretarial Election and makes judicial appointments under such Constitution.

Tribal Court Ordinance
Ordinance # 97-300-01
Adopted - August 4,1997
Updated: June 6, 2001(10:36am)

ARBITRATION CODE
Ordinance # 01-300-02

Section 1. Purpose.

1.01. Purpose; Policy. The Tribal Council of the Little River Band of Ottawa Indians creates this Ordinance for the purposes of creating a process whereby parties to written contracts and other written agreements may agree to resolve disputes arising under their contracts and agreements, without requiring court proceedings and have those decisions of arbitrators recognized and enforceable in Tribal Court.

1.02. Findings. The Tribal Council of the Little River Band of Ottawa Indians finds that:

the Constitution of the Little River Band of Ottawa Indians delegates to the Tribal Council the responsibility to "...exercise the inherent powers of the Little River Band by establishing laws through the enactment of ordinances and adoption of resolutions not inconsistent with this Constitution:
1. to govern the conduct of members of the Little River Band and other persons within its jurisdiction;
2. to promote, protect and provide for public health, peace, morals, education and general welfare of the Little River Band and its members[.]" Article IV, Section 7(a).
the Tribal Council has the responsibility to set forth processes to protect the contractual agreements made between parties subject to the Tribe's jurisdiction when the parties agree to the processes of arbitration.
it is an important aspect of recognition of arbitration awards that those awards be made and enforced in substantial compliance with the rules set forth herein.

Section 2. Adoption, Amendment, Repeal

2.01. Adoption. This Ordinance is adopted by the Tribal Council by Resolution #01 -0404-07 and as amended by Resolution # 01-0425-09.

2.02. Amendment. This Ordinance may be amended from time to time as set forth in the Constitution or in procedures adopted by the Tribal Council.

2.03. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance or the application of the provision to other persons or circumstances is not affected.

Section 3. Definitions.

3.01. Application; Interpretation of Defined Terms. For purposes of this Ordinance, certain terms are defined in this Section. The word "shall" is always mandatory and not merely advisory.

3 .02. "Contract" means any written agreement, instrument, or document evidencing the intent of the parties. Contract may also include any written agreement, instrument, or document that is separate from the contract, but states within the separate written agreement, instrument, or document an intent that it is intended to be a part of the original contract.

3.03. "Claim" means any disagreement, dispute, controversy or other conflict arising out of or relating to a contract entered into between two parties, and may, if agreed to between the parties in writing, refer to specific disagreements, dispute, controversy or other conflict arising between the parties, but not out of or relating to the contract.

3.04. "Little River Band of Ottawa Indians" hereinafter referred to as the Tribe.

3.05. "Arbitrable claim" means a claim that is subject to a written agreement to arbitrate that is enforceable under section 4.02.

Section 4. Scope of Ordinance

4.01. General. This Ordinance applies to any contract entered into by the Tribe, or parties subject to the jurisdiction of the Tribe, in which the parties thereto agree in writing to settle claims by arbitration. And, with the agreement of the parties, the parties may include any other claim existing between them at the time of the agreement in the arbitration process.

4.02. Agreements to Arbitrate are Enforceable. An agreement in any contract, or in a separate writing executed by the parties to any contract, to settle by arbitration any claim thereafter arising out of such contract, or any other transaction contemplated thereunder, including the failure or refusal to perform the whole or any part thereof, or an agreement between two or more persons to submit to arbitration any specific claim existing between them at the time of the agreement, shall be valid, irrevocable and enforceable, except upon such grounds as exist at law or in equity for the revocation of any contract.

4.03. Application to Tribe. Notwithstanding anything in section 4.01 to the contrary -

Consent to Jurisdiction. Any contract entered into by the Tribe in which the Tribe agrees to submit any particular type or claim or any claims arising under that contract to arbitration must be approved by adoption of a resolution of the Tribal Council specifically waiving the sovereign immunity of the Tribe to
1. arbitrate such claim,
2. have the agreement to arbitrate judicially enforced, and
3. have any award entered in such arbitration judicially enforced.
Attorney Fees; Expenses.
1. Any costs related to arbitration processes shall be allocated equally between all parties to the arbitration, and in no cases may the arbitrator or the Tribal Court allocate any attorney or legal fees of any party to the Tribe, except those incurred by the Tribe, provided that, fees and expenses related to filing arbitration awards, enforcing arbitration awards, or proceedings to order the Tribe to participate in arbitration may be allocated by the Tribal Court.
2. The Tribal Council may, by resolution agree to the allocation of costs and fees related to arbitration by adoption of a resolution that identifies such agreement; provided that, the amount of costs and fees sought shall be identified by an itemized statement from any attorney, agent, or expert witness who represented the party showing the rate at which the costs and fees were computed.
Filing. Prior to commencing any arbitration to which the Tribe is a party, the parties commencing arbitration must file a written statement notifying the Tribal Court of the commencement of arbitration, provided that, where the Tribe has waived the jurisdiction of the Tribal Court pursuant to section 10.02, such filing shall not be required. The Tribal Court shall notify the parties within 14 days of receipt of notice of commencing arbitration under this section whether the Tribal Court has jurisdiction in regards to the matter.

4.04. Representation by Attorney. A party has the right to be represented by an attorney at any proceeding or hearing under this Ordinance. A waiver thereof, regardless of whether it is writing or otherwise, prior to the proceeding or hearing is ineffective.

Section 5. Law to be Applied

5.01. Choice of Law. In any contract the parties may agree upon the jurisdiction whose substantive law shall govern the interpretation and enforcement of the contract or claim so long as the subject matter of the contract or claim, or at least one of the parties thereto, shall have some contact with, or relation to, the jurisdiction so selected. Such choice of law provisions shall be valid and enforceable, and not subject to revocation by one party without the consent of the other party or parties thereto.

5.02. Procedural Rules. In any proceeding under this Ordinance, whenever a contract between the parties sets forth a choice-of-law provision, the Tribal Court shall apply the procedural rules of the Tribal Court and the substantive law of the jurisdiction selected in such choice-of-law provision; provided that no procedural rule of the Tribal Court shall 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.

5.03. No Choice-of-Law Provision Identified. In any proceeding under this Ordinance, whenever a contract between the parties does not set forth a choice-of-law provision, the Tribal Court shall first apply the substantive law of the Tribe, and then, if no such law exists, the substantive law of the United States and the State of Michigan, including any applicable choice-of-law principles, provided that such law does not conflict with this Ordinance or other applicable Tribal law.

Section 6. Stay of Proceedings; Order to Proceed with Arbitration

6.01. Stay of Proceedings. If any action for legal or equitable relief or other proceeding is brought on an arbitrable claim, 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 contract, provided that if the contract between the parties provides a first preference for a jurisdiction other than the Tribal Court to enforce an arbitration award, the Tribal Court shall dismiss the action and order the parties to proceed in accordance with the provisions of the contract.

6.02. Order to Proceed. A party to any contract claiming the neglect or the refusal of another party thereto to proceed with an arbitration thereunder may make application to the Tribal Court for an order directing the parties to proceed with the arbitration in compliance with the contract. In such event, the Tribal Court shall order the parties to arbitration in accordance with the provisions of the contract and the question of whether an obligation to arbitrate the dispute at issue exists shall be decided by the arbitrator(s).

6.03. Advice of the Tribal Court. At any time during an arbitration, upon request of all the parties to the arbitration, the arbitrator(s) may make application to the Tribal Court for advice on any question of tribal or state law arising in the course of the arbitration, provided that, all parties agree in writing that the advice of the Tribal Court shall be final as to the question presented and that it shall bind the arbitrator(s) in rendering any award.

6.04. Merit of Issue. The Tribal Court shall not refuse to enter an order for arbitration on the ground that the claim in issue lacks merit, or because any fault or grounds for the claim sought cannot be shown.

6.05. Appointment of Arbitrators by the Tribal Court. If the contract in which the parties agreed to arbitrate provides a method for appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his or her successor has not been duly appointed, the Tribal Court on application of a party shall appoint one or more arbitrators. An arbitrator appointed by the Tribal Court shall meet the qualifications set forth in any agreement, or, where no qualifications are set forth, shall be an attorney admitted to practice, who is in good standing with the highest court for any jurisdiction, and who has substantial litigation experience or experience with the general subject matter of the contract. An arbitrator so appointed shall have all the powers of one specifically named in the agreement.

Section 7. Time Within Which Award Shall Be Rendered

7.01. Time Not Fixed by Contract. If the time within which an award is rendered has not been fixed in the contract in which the parties agreed to arbitrate, the arbitrator(s) shall render the award within thirty days from the date the arbitration has been completed. The parties may expressly agree to extend the time in which the award may be made by an extension or ratification thereof in writing.

7.02. Form of Arbitration Award. An arbitration award shall be in writing and signed by the arbitrator(s). The arbitrator(s) shall provide written notice of the award to each party by certified or registered mail, return receipt requested. Each arbitration award shall contain findings of fact and conclusions of law, including a statement of the basis for any award of monetary damages, attorney fees, or costs as may be authorized in the contract or allowed by section 4.03.

7.03. Requirement of Content of Arbitration Award. The Tribal Court may order an arbitration award submitted for entry of judgment returned to the arbitrator(s) to conform to the requirements of section 7.02.

Section 8. Application for Order Confirming Award; Record to Be Filed with Clerk of Court; Effect and Enforcement of Judgement.

8.01. Application for Order Confirming Award. At any time within one year after an arbitration award has been rendered and the parties thereto notified thereof, any party to the arbitration may make application to the Tribal Court for an order confirming the award.

8.02. Effect and Enforcement of Judgement. Upon application of a party to the arbitration, the Tribal Court shall confirm an award, unless another party has within the time limits imposed in section 8.03 or 8.04, applied to have the arbitration award vacated, modified or corrected. The judgment confirming an award shall be docketed as if it were rendered in a civil action. 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. When the award requires the performance of any other act than payment of money, the Tribal Court may direct the enforcement thereon in the manner provided by law.

8.03. Vacating an Award.

Upon application of a party the Tribal Court shall vacate an award if the Tribal Court finds that:
1. The award was procured by corruption, fraud or other undue or illegal means.
2. There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party.
3. The arbitrators in the course of their jurisdiction exceeded their powers or so imperfectly executed them that a mutual, final and definite award was not made, and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.
4. The arbitrators in the course of their jurisdiction refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing as to prejudice substantially the rights of a party.
5. There was no agreement or provision for arbitration subject to this law, unless the matter was determined in a proceeding under section 6.02 and the party participated in the arbitration hearing without raising the objection.
The fact that the relief awarded by the arbitrator(s)was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
An application under this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue or illegal means, it shall be made within ninety days after such grounds are known or should have been known.
In vacating the award on grounds other than those stated in subsection (a)(5), the Tribal Court may order a rehearing by new arbitrators, chosen as provided in the agreement or provision for arbitration or by the Tribal Court in accordance with section 6.05, or, if the award is vacated on grounds set forth in subsection (a)(3) and (4), the Tribal Court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 6.05. The time within which the agreement or provision for arbitration requires the award to be made is applicable to the rehearing and commences from the date of the order therefor.
If the application to vacate is denied and no motion to modify or correct the award is pending, the Tribal Court shall confirm the award.

8.04. Modification or Correction of Award.

Upon application made within ninety days after delivery of a copy of the award to the applicant, the Tribal Court shall modify or correct the award if the Tribal Court finds that:
1. There is an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award.
2. The arbitrators have made an award upon a matter not submitted to arbitration and the award may be corrected without affecting the merits of the decision upon the issues submitted.
3. The award is imperfect as a matter of form, not affecting the merits of the controversy.
If the application is granted, the Tribal Court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the Tribal Court shall confirm the award as made.
An application to modify or correct an award maybe joined in the alternative with an application to vacate the award.

8.05. Record to Be Filed with Clerk of Court. Any party applying for an order confirming, vacating, modifying or correcting an arbitration award shall, at the time the arbitration award or application for order is filed with the Clerk of the Tribal Court for entry of judgment thereon, also file the following papers with the Clerk of the Tribal Court:

the agreement to arbitrate;
the selection or appointment, if any, of the arbitrator(s);
any written agreement requiring the reference of any question as provided in section 6.03;
each written extension of the time, if any, within which to make the award;
the award;
evidence that any party to the arbitration proceedings shall have received notice of the filing of such application; and
a copy of each order of the Tribal Court upon such an application.

Section 9. Arbitration Award Not Appealable.

9.01. Appeal. No further appeal may be taken from an order issued by the Tribal Court pursuant to this Ordinance enforcing an agreement to arbitration or an award issued by an arbitrator.

Section 10. Jurisdiction of the Tribal Court

10.01. Jurisdiction. The jurisdiction of the Tribal Court under this Ordinance shall be concurrent with the
jurisdiction of any other court to which the Council shall have explicitly consented in such contract. Any consent to the jurisdiction of a state or federal court contained in a contract described in section 4.02 to which the Tribe is a party and any term of such contract providing for priority among venues shall be valid and enforceable in accordance with its terms.

10.02. Tribe As a Party. By resolution, the Tribal Council may agree to waive Tribal Court jurisdiction or to give priority to some other venue in circumstances where it is in the interest of the public health, peace, morals, education, and general welfare of the Tribe and its members to do so. Such resolution shall specifically state that the Tribal Council is waiving Tribal Court jurisdiction or is giving priority to some other venue, and, if applicable, is waiving the notice requirement of section 4.03(c) and the requirement of exhaustion of Tribal remedies; provided that, in any case where the Tribal Council is giving priority to some other venue, the Tribal Court shall in all circumstances be identified as the venue that comes after the first priority of venues.

10.03. Commercial Court Division. Under Article VI, Section 1, of the Constitution, the Tribal Council does hereby create a Commercial Court of the Little River Band of Ottawa Indians Tribal Court system for the purposes of hearing matters arising under this Arbitration Code, the Tribal Uniform Commercial Code and other ordinances as may from time to time authorize jurisdiction of the Tribal Commercial Court. The Tribal Commercial Court shall apply the provisions of Tribal ordinances and any other procedural codes or rules, ordinances, resolutions or other enactments adopted by the Tribe. When appropriate, the Tribal Commercial Court shall rely on previous opinions issued by the Tribal Court, the Tribal Commercial Court, or the Tribal Court of Appeals in interpreting the Tribal ordinances or any other Tribal resolution, ordinance or enactment.

Proceedings. In proceedings before the Tribal Commercial Court, the Tribal Commercial Court shall -
1. First, adhere to the requirements of this section 10.03,
2. Second, apply the provisions of this ordinance and the Tribal Uniform Commercial Code.
3. Third, unless otherwise agreed by the parties under Section 5, apply the substantive statutory, regulatory and common law of the United States and the State of Michigan, but only to the extent that such substantive statutory, regulatory and common law does not conflict with the Tribal ordinances or any duly enacted ordinances, resolutions or other enactments of the Tribe or federal law.
Jurisdiction. Original jurisdiction in all civil proceedings where the matter in controversy exceeds the sum of $10,000, exclusive of interest and costs, is hereby referred to the Tribal Commercial Court. The Chief Judge of the Tribal Court may also refer jurisdiction over other civil actions to the Tribal Commercial Court on a discretionary basis, or where directed by ordinance of the Tribe.
Qualifications for Judges of the Tribal Commercial Court. A judge of the Tribal Commercial Court may be any person, Indian or non-Indian, whether a resident or nonresident of the Reservation, provided that such person:
1. meets the requirements of the Constitution applicable to judges of the Tribal Court generally;
  and
2. is duly licensed to practice law in the courts of any state at all times while presiding as a Judge of the Tribal Commercial Court. Provided that, the Tribal Court, may assign any Tribal Court Judge currently meeting the qualifications set forth above, or may retain the services on a temporary basis, or any judge from any other Tribe meeting the above qualifications, until such time as permanent judges may be appointed by the Tribal Ogema and approved by the Tribal Council.

Arbitration Code
Ordinance # 01-300-02
Adopted - April 4, 2001
Amended - April 25, 2001
Updated: June 6, 2001(10:36am)