(Sehulster Tunnels/Pre-Con v. Traylor Brothers, Inc. (2003) 111 Cal.App.4th 1328, 1338-1339.). None of this would matter if a party could unilaterally insist on the appointment of a new board. Moreover, the dispute is not moot in any practical sense. Part A of this section deals with the selection, termination and withdrawal of a member of the DRB as set forth in section 18.2 of Book 1.

Shimmick is to recover its costs on appeal.

Pursuant to the contract, disputes between the parties were to be resolved by a three-member Disputes Review Board (DRB) — with one member appointed by each party and the third member appointed by the first two.

But, where a court can afford the party at least some relief, even if not all the relief originally requested, the court should not dismiss a case as moot. Two contract documents governed the relationship between the parties, at least as concerns the DRB. Privacy The Port asserted that under the exhibit each party had "the right to require appointment of a new disputes review board to resolve future [d]isputes, which right may be exercised at any time by delivery of notice to such effect to the other party and to the [b]oard [m]embers."

The court next addressed whether its jurisdiction, now invoked, extended to mediations, the DRB's main function.

The Port argued the two provisions should be harmonized, and that, since section 18.2 of Book 1 was silent as to termination of the entire board (and spoke only of termination of individual members), there was no conflict. The parties disputed the terms to be included in the court's order. Instead, it waited nearly three years, and then sought the appointment of a new DRB, under a provision found in one of the exhibits to the contract. When a court orders the appropriate method for selection of an arbitrator, the court would appear to be acting under the express authority of section 1281.6 to "compel compliance with a method for selecting an arbitrator." ", Even though the record reflects the June 28, 2017 letter was the first time the Port had raised section 2.5, the Port took the position that it had always been relying on this provision.9 The Port's gloss on its earlier position was that, as it had lost faith in the DRB, it had used "its only available remedy to address this deficiency; namely, terminating the Port's DRB member and requesting that [Shimmick] appoint a new member to establish a properly constituted, neutral DRB.". The Port believed remedies under the Arbitration Act could apply only when DRB was presiding over an arbitration ("limited cases").

The Port interprets the language as meaning the parties each have the right, on notice, to require the appointment of a new DRB, which will resolve new disputes, while the existing DRB will continue to resolve disputes already submitted to it.

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