Originally from Dispute Resolution Journal

To advance the interests of tribal governments and their business partners, while managing the risk of attacks on tribal sovereignty, the author suggests arbitration as a means to address commercial disputes arising in Indian Country.

Economic development has proven markedly positive for many tribes. As Indian economies have grown, so too has tribes’ capacity to assert sovereignty and exercise self-determination. For example, tribal governments are now administrating federal services, improving or creating tribal justice systems, lobbying other governments to further their socio-economic agendas, and refining policies governing tribal employment of an increasing number of non-Indian citizens. Attracted by the byproducts of these tribal governmental efforts, non-tribal business partners and investors have flocked to the reservation in search of economic opportunity like never before, with many forming symbiotic business relationships with tribal governments and enterprises.