Cite as: 532 U. S. 411 (2001)
Opinion of the Court
Id., at 754. Thereafter, we granted the Tribe's petition in this case, vacated the judgment of the Court of Civil Appeals, and remanded for reconsideration in light of Kiowa. 524 U. S. 901 (1998).
On remand, the Court of Civil Appeals changed course. It held that, under Kiowa, the Tribe here was immune from suit on its contract with C & L, despite the contract's off-reservation subject matter. App. to Pet. for Cert. 4-5. The court then addressed whether the Tribe had waived its immunity. "The agreement of [the] Tribe to arbitration, and the contract language regarding enforcement in courts having jurisdiction," the court observed, "seem to indicate a willingness on [the] Tribe's part to expose itself to suit on the contract." Id., at 7. But, the court quickly added, "the leap from that willingness to a waiver of immunity is one based on implication, not an unequivocal expression." Ibid. Concluding that the Tribe had not waived its suit immunity with the requisite clarity, the appeals court instructed the trial court to dismiss the case. The Oklahoma Supreme Court denied C & L's petition for review.
Conflicting with the Oklahoma Court of Civil Appeals' current decision, several state and federal courts have held that an arbitration clause, kin to the one now before us, expressly waives tribal immunity from a suit arising out of the contract. See Sokaogon Gaming Enterprise Corp. v. Tushie-Montgomery Associates, Inc., 86 F. 3d 656, 661 (CA7 1996) (clause requiring arbitration of contractual disputes and authorizing entry of judgment upon arbitral award "in any court having jurisdiction thereof" expressly waived Tribe's immunity); Native Village of Eyak v. GC Contractors, 658 P. 2d 756 (Alaska 1983) (same); Val/Del, Inc. v. Superior Court, 145 Ariz. 558, 703 P. 2d 502 (Ct. App. 1985) (same). But cf. Pan American Co. v. Sycuan Band of Mission Indians, 884 F. 2d 416 (CA9 1989) (clause requiring arbitration of contractual disputes did not expressly waive Tribe's immu-
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