Indiana Code 5-33.5-3-7. Waiver of state sovereign immunity; conditions; application
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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:
(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.
(1) The agreement in dispute was entered into under this chapter.
Terms Used In Indiana Code 5-33.5-3-7
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(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.