1.05.080 Application for order confirming and enforcing award – Record to be filed with Clerk of Court – Effect and enforcement of judgment.
(A) At any time within one (1) year after an arbitration award has been rendered in accordance with this chapter, any party to the arbitration may make application to the Tribal Court for an order and entry of judgment confirming the award.
(B) Any party applying to the Tribal Court for an order and entry of judgment confirming an arbitration award shall, at the time the award is filed with the Clerk of the Tribal Court for entry of judgment thereon, file true and correct copies of the following papers with the Clerk: (1) the authorized agreement; (2) written identification of the arbitrator(s) and any material documenting the selection or appointment of the arbitrator(s); (3) any written agreement requiring the reference of any question as provided in KTC 1.05.060; (4) each written extension of the time, if any, within which to make the award; (5) the award; and (6) evidence that all parties to the arbitration have received notice of the filing or the intent to file an application to the Tribal Court for confirmation of the arbitration award.
(C) An arbitration award shall not be subject to review or modification by the Tribal Court, but shall be confirmed strictly as provided by the arbitrator; provided, that the Tribal Court may nevertheless decline to confirm any arbitration award if it finds that any of the following occurred:
(1) The award was procured by corruption, fraud, or undue means;
(2) There was evident partiality or corruption in the arbitrator(s);
(3) The arbitrator(s) were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy, or were guilty of any other misbehavior by which the rights of any party have been prejudiced; or
(4) The arbitrator(s) exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
Where an arbitration award is so vacated, the Tribal Court may, in its discretion, direct a rehearing by the same arbitrator(s) or different arbitrator(s).
(D) In any of the following cases where the Tribal Court is authorized to enter an order and judgment confirming an arbitration award, the Tribal Court may make an order modifying or correcting the arbitration award upon the application of any party to the arbitration:
(1) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award;
(2) Where the arbitrator(s) have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted; or
(3) Where the arbitration award is imperfect in matter of form not affecting the merits of the controversy.
The order and judgment may modify and correct the award, so as to effect the intent thereof and promote justice between the parties.
(E) The order and 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 had been rendered in a civil action in the Tribal Court. [Res. 22-R-198 Att. A, 11/17/2022; Res. 15-R-143 § 8, 11/24/2015.]