Courts upholds $28 million award in Skywalk case

 
No Author Published: February 11, 2013    Comment on this article Leave a comment

photo - FILE - In this file photo taken Tuesday, March 20, 2007, people walk on the Skywalk during the First Walk event at the Grand Canyon on the Hualapai Indian Reservation at Grand Canyon West, Ariz.  The Skywalk opened to the general public on March 28, 2007. A federal court has upheld a $28 million judgment against a business arm of the northern Arizona tribe that owns the Grand Canyon Skywalk. The American Arbitration Association had awarded Las Vegas businessman David Jin the money in August. His attorneys went to federal court to enforce it. Jin invested $30 million to build the Skywalk, a glass bridge that gives visitors a view of the Colorado River from the Hualapai reservation. (AP Photo/Ross D. Franklin, File)
FILE - In this file photo taken Tuesday, March 20, 2007, people walk on the Skywalk during the First Walk event at the Grand Canyon on the Hualapai Indian Reservation at Grand Canyon West, Ariz. The Skywalk opened to the general public on March 28, 2007. A federal court has upheld a $28 million judgment against a business arm of the northern Arizona tribe that owns the Grand Canyon Skywalk. The American Arbitration Association had awarded Las Vegas businessman David Jin the money in August. His attorneys went to federal court to enforce it. Jin invested $30 million to build the Skywalk, a glass bridge that gives visitors a view of the Colorado River from the Hualapai reservation. (AP Photo/Ross D. Franklin, File)

Multimedia

The tribe has said it took over the contract last year because Jin never completed a visitors' center that people must pass through to access the Skywalk and did not finance the utilities. Cieslak said the tribe would pay Jin the fair market value for the Skywalk to "protect the rights of the tribe and end this painful dispute."

Sa' Nyu Wa had asked Campbell to reject the arbitration award by arguing that the tribe's 2003 agreement with Jin didn't allow for financial damages. The corporation also argued tribal members never voted to waive liabilities in excess of $250,000, and said the arbitrator exceeded his powers because only a federal court could order arbitration.

Campbell said the agreement makes no mention of a $250,000 limit and allows arbitration for any controversy, claim or dispute when either party sends such a notice to the other. Campbell found that Sa' Nyu Wa clearly waived it sovereign immunity with respect to financial damages awarded in arbitration that could be enforced in federal court.

"No other reading of the agreement is plausible," the judge said.

Tratos said it's doubtful Jin will receive the $28.5 million in a lump sum but suggested the award could be fulfilled by having the proceeds of ticket sales at the Skywalk directed to Jin by a court order.

Jin also is challenging the jurisdiction of the Hualapai court in a related case that went before a three-judge panel of the 9th U.S. Circuit Court of Appeals last year. The Hualapai court in Peach Springs is overseeing the eminent domain case.

Page 2 of 2




If you prefer your thoughts to appear in The Oklahoman's Opinion section, we encourage you to submit a letter to the editor.


Ready to Profit?
Company Set to Quadruple in Value--Invest Today, Free Info!
www.GTSOResources.com
HooplaHa.com
Wake up everyday with a smile at HooplaHa!
hooplaha.com

News Photo Galleriesview all