416
Opinion of the Court
§ 802.B (1993). The Act defines "court" as "any court of competent jurisdiction of this state." Ibid.
After execution of the contract but before C & L commenced performance, the Tribe decided to change the roofing material from foam (the material specified in the contract) to rubber guard. The Tribe solicited new bids and retained another company to install the roof. C & L, claiming that the Tribe had dishonored the contract, submitted an arbitration demand. The Tribe asserted sovereign immunity and declined to participate in the arbitration proceeding. It notified the arbitrator, however, that it had several substantive defenses to C & L's claim. On consideration of C & L's evidence, the arbitrator rendered an award in favor of C & L for $25,400 in damages (close to 30% of the contract price), plus attorney's fees and costs.
Several weeks later, C & L filed suit to enforce the arbitration award in the District Court of Oklahoma County, a state court of general, first instance, jurisdiction. The Tribe appeared specially for the limited purpose of moving to dismiss the action on the ground that the Tribe was immune from suit. The District Court denied the motion and entered a judgment confirming the award.
The Oklahoma Court of Civil Appeals affirmed, holding that the Tribe lacked immunity because the contract giving rise to the suit was "between an Indian tribe and a non-Indian" and was "executed outside of Indian Country." App. to Pet. for Cert. 14 (citation omitted). The Oklahoma Supreme Court denied review, and the Tribe petitioned for certiorari in this Court.
While the Tribe's petition was pending here, the Court decided Kiowa, holding: "Tribes enjoy immunity from suits on contracts, whether those contracts involve governmental or commercial activities and whether they were made on or off a reservation." 523 U. S., at 760. Kiowa reconfirmed: "[A]n Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity."
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