A. If any action for legal or equitable relief or other proceeding is brought by any party to any contract, agreement or instrument described in Section 8-104, the Tribal Court shall not review the merits of the pending action or proceeding but shall stay the action or proceeding until an arbitration has been had in compliance with the agreement.

B. A party to any contract, agreement or instrument described in Section 8-104 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 the arbitration in compliance with their agreement. In such event, the Tribal Court shall order the parties to arbitration in accordance with the provisions of the contract, agreement or instrument and the question of whether an obligation to arbitrate the dispute at issue exists shall be decided by the arbitrator(s). (Res. 2019-17)