The Fourth Appellate District reversed a trial court order. The court held that a tribe that expressly waived sovereign immunity as to disputes arising from an agreement and subsequent amendments to that agreement was bound by that waiver as to each of those amendments as well as a subsequent amendment, even though the tribe never expressly authorized a waiver of sovereign immunity as to the final amendment.
The Iipay Nation of Santa Ysabel (INSY) borrowed money from various banks to finance the construction of a casino. The Yavapai-Apache Nation (YAN) entered into the transaction as both guarantor on the original notes and additional lender. In both the original loan agreement and three amendments thereto, INSY waived its sovereign immunity from any suit or proceeding in any forum, including any confirmation of arbitration awards with respect to the agreement and the transactions. INSY consented to the jurisdiction of the courts of the state of Arizona, United States courts, “and the courts of any other state that may have jurisdiction over the subject matter, over any such action, and over Borrower.” A fourth amendment included substantially similar provisions.
