Findleton

BACKGROUND

I. The Underlying Dispute The background facts about the parties’ underlying dispute are set forth in our opinion in Findleton v. Coyote Valley Band of Pomo Indians (2016) 1 Cal.App.5th 1194, 1197-1202 (Findleton I), and we will not repeat them in full detail. Suffice it to say that in 2007, the Tribe entered into an agreement with Findleton to construct improvements on the Tribe’s reservation in preparation for construction of a new gaming facility (the Agreement). The Agreement, prepared by the Tribe, was a form agreement issued by the American Institute of Architects (AIA) with various modifications. It contained mediation and arbitration clauses providing that the parties would mediate any disputes and, failing resolution at mediation,

3 arbitrate them. It provided that “ ‘[a]rbitration shall be held in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise,’ ” that “ ‘[t]he foregoing agreement to arbitrate . . . shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof,’ ” and that “ ‘[t]he award rendered…