6.10.620 Limited waiver of sovereign immunity.
(A) Limited Waiver. The Tribe provides a limited waiver of its sovereign immunity with respect to the arbitration of monetary claims under KTC 6.10.590. This waiver extends to an action to (1) enforce the parties’ obligation to arbitrate, (2) confirm, correct, modify, or vacate the arbitral award rendered in the arbitration, and (3) enforce or execute a judgment based upon the award.
(B) Limitations on Waiver. The Tribe’s limited waiver of sovereign immunity shall be limited as follows:
(1) This limited waiver shall not apply to punitive damages or for portions of a claim that exceed three million dollars ($3,000,000). This limited waiver shall not be deemed to waive or otherwise limit the Tribe’s sovereign immunity for any portion of the claim that exceeds three million dollars ($3,000,000).
(2) The Tribe does not waive its sovereign immunity in any forum or for any claim which has failed to exhaust the Tribal dispute process or has been forfeited because of noncompliance with the Tribal dispute process or other provisions of this article.
(3) This limited waiver shall not apply to a suit to challenge this article.
(C) Construction. This limited waiver of sovereign immunity shall be construed narrowly.
(D) Exclusiveness of Remedy. This article provides the exclusive procedure, forum, and remedy for pursuit of claims covered hereunder for injury to or loss of property, personal injury or death. Except as expressly provided herein, this article does not constitute a waiver of the sovereign immunity of the Tribe or its officers, employees, and agents, and the Tribe reserves all rights for itself and its officers, employees, and agents not expressly waived by this article. [Res. 18-R-039 §§ 15 – 17, 4/10/2018.]