A. In any contract, agreement or instrument described in Section 8-104, the parties may agree upon the jurisdiction whose substantive law shall govern the interpretation and enforcement of the contract, agreement, instrument or claim, dispute or controversy. Such choice of law shall be valid, irrevocable, and enforceable, and not subject to revocation by one (1) party without the consent of the other party or parties thereto; provided, that the subject matter of the contract, agreement, instrument or claim, dispute or controversy, or at least one (1) of the parties thereto, shall have some contact with the jurisdiction so selected.

B. In any proceeding under this chapter, whenever the contract, agreement or other instrument sets forth a choice of law provision, the Tribal Court shall apply its procedural rules 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.

C. In any proceeding under this chapter, whenever the contract, agreement or other instrument does not set forth a choice of law provision, the Tribe shall apply the substantive law of the Tribe, including any applicable choice of law principles, and to the extent not inconsistent therewith, federal common law, and to the extent not inconsistent therewith, the laws of the state of California. (Res. 2019-17)