C & L Enterprises, Inc. v. Citizen Band Potawatomi Tribe of Okla., 532 U.S. 411, 3 (2001)

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Cite as: 532 U. S. 411 (2001)

Syllabus

a local court of general jurisdiction, fits that statutory description. This Court rejects the Tribe's contention that an arbitration clause is not a waiver of immunity from suit, but simply a waiver of the parties' rights to a court trial of contractual disputes. Under the clause, the Tribe recognizes, the parties must arbitrate. The clause no doubt memorializes the Tribe's commitment to adhere to the contract's dispute resolution regime. That regime has a real world objective; it is not designed for regulation of a game lacking practical consequences. And to the real world end, the contract specifically authorizes judicial enforcement of the resolution arrived at through arbitration. Also rejected is the Tribe's assertion that a form contract, designed principally for private parties who have no immunity to waive, cannot establish a clear waiver of tribal suit immunity. In appropriate cases, this Court applies the common-law rule of contract interpretation that a court should construe ambiguous language against the interest of the party that drafted it. That rule is inapposite here for two evident reasons. First, the contract is not ambiguous. Second, the Tribe did not find itself holding the short end of an adhesion contract stick: The Tribe proposed and prepared the contract; C & L foisted no form on the Tribe. Pp. 418-423.

Reversed and remanded.

Ginsburg, J., delivered the opinion for a unanimous Court.

John D. Mashburn argued the cause for petitioner. With him on the briefs was James W. Carlton, Jr.

Gregory S. Coleman, Solicitor General of Texas, argued the cause for the State of Texas et al. as amici curiae urging reversal. With him on the brief were John Cornyn, Attorney General, Andy Taylor, First Assistant Attorney General, Rick Thompson, Assistant Solicitor General, and by the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Mark Pryor of Arkansas, Carla J. Stovall of Kansas, Mike Moore of Mississippi, Don Stenberg of Nebraska, and Mark Barnett of South Dakota.

Michael Minnis argued the cause for respondent. With him on the brief were David McCullough and David J. Bederman.

Gregory G. Garre argued the cause for the United States as amicus curiae in support of respondent. With him on

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