A. The Tribal Court shall have jurisdiction over any action to enforce an agreement to arbitrate, to compel arbitration pursuant to such an agreement to arbitrate and to enforce an award made by an arbitrator pursuant to such agreement to arbitrate, contained in any contract, agreement or other instrument described in Section 8-104 to which the Tribe or any subdivision, instrumentality, wholly owned entity or affiliate of the Tribe is a party; provided, that the Tribe or any other subdivision, instrumentality, wholly owned entity or affiliate of the Tribe shall have explicitly waived the defense of tribal sovereign immunity in the contract, agreement or other instrument; and provided further, that such contract, agreement, or other instrument does not expressly prohibit the Tribal Court from exercising jurisdiction thereunder.

B. To the extent consistent with federal law, the jurisdiction of the Tribal Court under this chapter shall be concurrent with the jurisdiction of any state or federal court to the jurisdiction of which the Tribe or any subdivision, instrumentality, wholly owned entity or affiliate of the Tribe shall have explicitly consented in such contract, agreement or other instrument. Any consent to the jurisdiction of a state or federal court contained in a contract, agreement or other instrument described in Section 8-104 to which the Tribe or any subdivision, instrumentality, wholly owned entity or affiliate of the Tribe is a party shall be valid, irrevocable and enforceable in accordance with its terms, including any expression of a preference or priority of one jurisdiction or court over another. (Res. 2019-17)