The unhappy loser is Peter Rohde
Rohde is a principal of Science & Ingredients, Inc., a California corporation.
became embroiled in a dispute concerning the formation of a limited liability company with R&R Beteiligungsgellschaft
, a German company owned by Herbert Rebmann.
Haberfeld ruled against Rohde
and awarded Rebmann $1.1 million in attorney fees as the prevailing party.
was understandably unhappy with the result and began fishing around for reasons to have the arbitration award vacated.
The California businessman thought he
found a reason when he
searched the Internet and learned that Haberfeld's parents were German Jewish escapees who lost family and property in the Holocaust.
According to Rohde, these facts were relevant because he was born in Germany in 1943 and his father served in the Wehrmacht - the regular German Army - during World War II.
Moreover, the father of Rohde's wife served in the infamous Schutzstaffel, or SS.
In seeking to have the arbitration award against him vacated, Rohde testified that if he had "known about [Haberfeld's] religious affiliation, his cultural affiliation, and the dedication to keeping the memory of the Holocaust alive, I never would have allowed him to be the arbitrator in my case."
Yesterday, the California Court of Appeal agreed that Rohde
didn't have a leg to stand on.
The background of Rohde
family and Haberfeld's family were irrelevant," the court said.
It further observed that Rohde
should have done his
Googling before the arbitration began if he
had any concerns about Haberfeld's background.
"To satisfy Rohde
, Haberfeld would have been required to disclose his religion and cultural identity as well as his involvement in the 1939 Club, even though both parties were German and the case had nothing whatsoever to do with World War II.
asserts, without adequate factual support, that Haberfeld conducted the arbitration in a manner intended to 'punish me for the harms brought on his family.'" (Rebmann v. Rohde)