Sec. 7. (a) For purposes of this chapter only, the state may waive its immunity from suit in federal court under the Eleventh Amendment to the Constitution of the United States only if both of the following conditions are met:
(1) The agreement in dispute was entered into under this chapter.
(2) The agreement in dispute contains a provision that mandates arbitration providing the federal court jurisdiction under the Federal Arbitration Act (9 U.S.C. 1 et seq.) or a successor act that requires or may require arbitration.
(b) A waiver permitted under subsection (a) applies only to an action:
(1) to compel arbitration;
(2) to determine whether an issue is arbitrable; or
(3) to confirm an award entered by the arbitrator.
As added by P.L.108-2019, SEC.100.
Structure Indiana Code
Title 5. State and Local Administration
Article 33.5. Agreements With Federally Recognized Indian Tribes
Chapter 3. Agreements With Federally Recognized Indian Tribes
5-33.5-3-1. Authority to Enter Into a Cooperative Agreement
5-33.5-3-2. Required Elements of a Cooperative Agreement
5-33.5-3-5. Provisions That May Be Included in a Cooperative Agreement
5-33.5-3-6. Waiver of Indian Tribe Sovereign Immunity; Attorney General Review and Approval
5-33.5-3-7. Waiver of State Sovereign Immunity; Conditions; Application