§ 8-110 Application for order confirming award – Record to be filed with Clerk of the Tribal Court – Effect and enforcement of judgment.
A. At any time within one (1) year after an arbitration award has been rendered and the parties thereto notified thereof, any party to the arbitration may make application to the Tribal Court for an order confirming the award.
B. Any party applying for an order confirming an arbitration award shall, at the time the order is filed with the Clerk (or other appropriate representative) of the Tribal Court for entry of judgment thereon, file the following papers with the Clerk (or other appropriate representative):
1. The agreement to arbitrate;
2. The selection or appointment, if any, of the arbitrator(s);
3. Any written agreement requiring the reference of any question as provided in Section 8-108;
4. Each written extension of the time, if any, within which to make the award;
5. The award;
6. Each notice and other paper used upon an application to confirm; and
7. A copy of each order of the Tribal Court upon such an application.
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(s); provided, however, that if the Tribal Court is permitted under the contract, agreement or instrument described in Section 8-104 to enforce an arbitration award, then the Tribal Court may nevertheless decline to enforce an 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;
3. The arbitrator was guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, in refusing to hear evidence pertinent and material to the controversy, or of any other misbehavior by which the rights of any party have been prejudiced; or
4. The arbitrator exceeded his or her powers, or so imperfectly executed them that a mutual final, and definite award upon the subject matter submitted was not made. Where an award is so vacated, the Tribal Court may, in its discretion, direct a rehearing by the arbitrators.
D. In any of the following cases when the Tribal Court is authorized to make an order regarding arbitration, the Tribal Court may make an order modifying or correcting the 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 arbitrators 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 award is imperfect in matter of form not affecting the merits of the controversy. The order may modify and correct the award, so as to effectuate the intent thereof and promote justice between the parties.
E. The 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 has been rendered in a civil action in the Tribal Court. When the award requires the performance of any act (other than or in addition to the payment of money), the Tribal Court will direct the enforcement thereon in the manner provided by applicable law. (Res. 2019-17)