Ind. Code ch. 4-29.5-7

in effect

Ind. Code § 4-29.5-7-1 Dispute resolution authority

Sec. 1. In the event that either party to this Compact believes that the other party has failed to comply with the requirements of this Compact or has otherwise breached any provision of this Compact, or in the event of any dispute hereunder, including but not limited to a dispute over the proper interpretation of the terms and conditions of this Compact, such party may invoke the dispute resolution procedures set forth in this chapter. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-7-2 Informal dispute resolution

Sec. 2. Informal Dispute Resolution. The party asserting noncompliance or seeking an interpretation of any provision of this Compact shall serve written notice on the other party. The notice shall identify the specific Compact provision alleged to have been violated or in dispute and shall specify in detail the asserting party's contention and any factual and legal basis for the claim or dispute. Representatives of the State and the Band shall meet within thirty (30) calendar days of receipt of the notice in an effort to resolve the claim or dispute, unless the parties mutually agree to extend this period. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-7-3 Federal court jurisdiction

Sec. 3. Federal Court Jurisdiction. In the event that the Band and the State are unable to resolve a claim or dispute through the process specified in section 2 of this chapter within ninety (90) days after service of the required notice in section 2 of this chapter, the party asserting noncompliance or seeking an interpretation of any provision of this Compact may pursue resolution through an action brought in a United States District Court ("federal court"). In order to effectuate this section, and in the exercise of its sovereignty, the Band expressly and irrevocably waives its sovereign immunity in connection with any action brought in a federal court to resolve any claim or dispute under this Compact. In order to effectuate this section, and in the exercise of its sovereignty, the State expressly and irrevocably waives its sovereign immunity in connection with any action brought in a federal court to resolve any claim or dispute under this Compact, provided that the State's waiver of its sovereign immunity under this section shall not extend to any claim or dispute related to the State's consideration of a renewal term or negotiation of a successor compact under IC 4-29.5-12 or to its consideration of a proposed amendment to this Compact under IC 4-29.5-16. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-7-4 Binding arbitration

Sec. 4. Binding Arbitration. In the event that the Band and the State are unable to resolve a claim or dispute through the process specified in section 2 of this chapter within ninety (90) days after service of the required notice in section 2 of this chapter, the Band and the State may by mutual written consent as to such claim or dispute, agree to pursue resolution of the claim or dispute through binding arbitration. The party asserting noncompliance or seeking an interpretation of any provision of this Compact may, upon first obtaining such mutual written consent, pursue resolution through binding arbitration. Any arbitration under this authority shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("Rules") except that the arbitrators shall be attorneys who are licensed members of the Indiana State Bar, the State Bar of Michigan, or the bar of another state, in good standing, and shall be selected by the State appointing one arbitrator, the Band appointing a second arbitrator, and the two so appointed shall select a third arbitrator who shall serve as the chair. If the third arbitrator is not chosen in this manner within ten (10) days after the second arbitrator is appointed, the third arbitrator shall be selected in accordance with the Rules. The Band and the State shall each bear their own costs of arbitration and attorney fees and shall equally share the administrative cost and fees for the arbitration services. In order to effectuate this section, and in the exercise of its sovereignty, the Band expressly and irrevocably waives its sovereign immunity in connection with the arbitrator's jurisdiction and in any action brought in a federal court to: (1) enforce the Band's obligation to arbitrate, (2) enforce or confirm any arbitral award rendered in the arbitration, or (3) enforce or execute a judgment based upon the award. In order to effectuate this section, and in the exercise of its sovereignty, the State expressly and irrevocably waives its sovereign immunity in connection with the arbitrator's jurisdiction and in any action brought in a federal court to: (1) enforce the State's obligation to arbitrate, (2) enforce or confirm any arbitral award rendered in the arbitration, or (3) enforce or execute a judgment based upon the award. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-7-5 Construction of dispute resolution provisions

Sec. 5. Nothing in this chapter shall be construed to waive, limit, or restrict any remedy which is otherwise available to either party to enforce or resolve disputes concerning the provisions of this Compact. The Band and the State agree that neither party shall be entitled to assert as part of a defense or response to any dispute resolution procedure under this chapter that there was a failure to first exhaust all administrative remedies or to first exhaust all Band remedies. Except as expressly stated otherwise, nothing in this Compact shall be deemed a waiver of the Band's sovereign immunity. Except as expressly stated otherwise, nothing in this Compact shall be deemed a waiver of the State's sovereign immunity. As added by P.L.171-2021, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/4Fetched: 10/17/2026