Arm-of-the-Tribe Sovereign Immunity

• 1 Scope of tribal sovereign immunity, covering commercial and governmental acts on and off reservation
• 2 Where sovereign immunity may be waived: express contractual waivers, tribal statutes, tribal council resolutions, and some arbitration clauses
• 3 Limits on waiver by conduct and the narrow recoupment and rare litigation-conduct exceptions
• 4 The multi-factor arm-of-the-tribe test—creation, purpose, control, intent, and finances—and why courts' emphasis on tribal control makes outcomes fact-specific and unpredictable

Based on transcript analysis and 34 reviews