1.05.050 Stay of proceedings in Tribal Court and order to proceed with arbitration.
(A) If any action for legal or equitable relief or other proceeding is brought in the Tribal Court by any party to an authorized agreement within the scope of KTC 1.05.020(A), the Tribal Court shall not review the merits of the underlying action or proceeding, but shall stay the Tribal Court action or proceeding until an arbitration has been had in compliance with the authorized agreement.
(B) A party to any authorized agreement within the scope of KTC 1.05.020(A) claiming the neglect or 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 arbitration in compliance with their authorized agreement. In such event, the Tribal Court shall order the parties to arbitration in accordance with the provisions of the authorized agreement and the question of whether an obligation to arbitrate the dispute at issue exists shall be decided by the arbitrator(s). [Res. 15-R-143 § 5, 11/24/2015.]