Abraham J Gafni

December 11, 2023 | The Legal Intelligencer

What happens when a company purchases all the assets and liabilities of its predecessor? Does it thereby acquire the right to enforce a mandatory arbitration agreement the predecessor had with its employees?

By Abraham J. Gafni

7 minute read

October 16, 2023 | The Legal Intelligencer

Increasingly, attention has been directed at the issue of arbitrator impartiality and the duties of participants in the process. A recent federal case from California involved the failure of both an arbitrator and the American Arbitration Association (AAA) to comply with their respective obligations in this regard.

By Abraham J. Gafni

7 minute read

August 14, 2023 | The Legal Intelligencer

Section 12 requires that "notice of a motion to vacate, modify, or correct an award must be served upon the adverse party or his attorney within three months after the award is filed or delivered." Courts have generally been quite strict in holding that such notices be filed within the three-month period.

By Abraham J. Gafni

7 minute read

June 21, 2023 | The Legal Intelligencer

Courts regularly find that the incorporated rules of an ADR provider are binding. Review them carefully, therefore, to assure that there is nothing in those rules which imposes the unexpected upon your clients.

By Abraham J. Gafni

7 minute read

April 10, 2023 | The Legal Intelligencer

What happens if following an insured's claim against four insurers, only one of the four insurance policies contains a mandatory arbitration clause? Will the entire claim be resolved through arbitration or in court? Or, perhaps, will the percentage claim against each insurer be resolved through the process set forth in its individual policy?

By Abraham J. Gafni

7 minute read

February 06, 2023 | The Legal Intelligencer

What if the claimant, pursuant to a mandatory arbitration provision, fails to demand arbitration of a dispute before the statute of limitations had expired on its substantive claim for breach of contract. Has the claimant waived its right to compel arbitration?

By Abraham J. Gafni

7 minute read

December 12, 2022 | The Legal Intelligencer

Increasingly, courts are directing parties to mediate their disputes prior to trial. Failure to appear at the mediation can subject a party to court-imposed sanctions. But may the attorney whose client does not comply with the court's order face sanctions as well?

By Abraham J. Gafni

7 minute read

October 17, 2022 | The Legal Intelligencer

Recently, a federal court confirmed an arbitration award in an amount in excess of $185 million in a proceeding in which the arbitrator denied the respondent the opportunity for discovery as well as an evidentiary hearing. See 245 Park Member v. HNA Group (International), No. 22-cv-1536-(JGK) (S.D.N.Y. July 25, 2022). What warranted such an unusual result?

By Abraham J. Gafni

7 minute read

August 15, 2022 | The Legal Intelligencer

What should be fully recognized, however, is that before inserting a mandatory arbitration provision into a trust (and perhaps a will as well), attention should be given to whether statutory or case law will allow it to be enforced in the face of an objection by the trustee or beneficiary.

By Abraham J. Gafni

7 minute read

June 20, 2022 | The Legal Intelligencer

Internet users are increasingly confronted by websites that state that continued use of the site will result in binding them to various conditions. Often this includes an agreement to submit any future disputes to arbitration.

By Abraham J. Gafni

8 minute read