The Court of Appeals or the Court of Special Appeals of this State, on the motion of a party to pending litigation or its own motion, may certify a question of law to the highest court of another state or of a tribe if:
(1) The pending litigation involves a question to be decided under the law of the other jurisdiction;
(2) The answer to the question may be determinative of an issue in the pending litigation; and
(3) The question is one for which an answer is not provided by a controlling appellate decision, constitutional provision, or statute of the other jurisdiction.