Massaji v. Rofeh
Schafa Massaji appeals from the trial courts order denying his petition to confirm and granting Mark Rofehs petition to set aside and vacate the arbitration award Massaji obtained against Rofeh, resolving business disputes involving aspects of the financing and operation of Serengeti Tea Company (Serengeti). Massaji contends the court erred in setting aside the arbitration agreement on the grounds the arbitrator selected by JAMS, retired Los Angeles Superior Court Judge Sherman W. Smith, Jr., was not a qualified arbitrator under the terms of the parties arbitration agreement and the arbitrator exceeded his authority by including a usurious interest rate in the award and by awarding relief against Serengeti, which, although a party to the arbitration agreement, was not a party to the arbitration proceedings. Court reverse and remand with directions.
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