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Dispute Resolution Keyed to Menkel-Meadow, 3rd Ed.
C & L Enterprises, Inc. v. Citizen Band Potawatomi Indian Tribe of Oklahoma
Citation:
532 U.S. 411 (2001)Facts
The Citizen Potawatomi Nation, a federally recognized Indian tribe, entered into a standard form construction contract with C & L Enterprises for the installation of a foam roof on a tribally-owned commercial building located off-reservation in Shawnee, Oklahoma. The contract, which was proposed by the Tribe, contained an arbitration clause requiring that all disputes be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, with the award being final and enforceable “in accordance with applicable law in any court having jurisdiction thereof.” The contract also contained a choice-of-law provision stating that the contract would be governed by the law of the place where the project was located (Oklahoma). After signing the contract but before C & L began work, the Tribe decided to change the roofing material and hired another contractor. C & L initiated arbitration proceedings, but the Tribe refused to participate, asserting sovereign immunity. The arbitrator awarded C & L $25,400 in damages plus attorney’s fees and costs. When C & L sought to enforce the award in Oklahoma state court, the Tribe claimed immunity from suit.
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