Native Village of Eyak v. GC Contractors

OPINION

COMPTON, Justice.

In this appeal, the Native Village of Eyak (“Eyak”) contends that it is an “Indian tribe” and therefore immune from the suit brought against it by appellee GC Contractors. Eyak further contends that it did not waive its immunity by entering into a contract with GC Contractors containing an arbitration clause. We disagree with this contention. For the reasons set forth below, we conclude that it is not necessary to determine whether Eyak is an Indian tribe because, assuming that it is, Eyak waived whatever immunity it possessed when it agreed to resolve by arbitration…