Abraham J Gafni
November 19, 2018 | The Legal Intelligencer
What Must Parties Understand When Agreeing to Arbitrate?Parties generally give careful attention to the substantive provisions of an agreement. Dispute resolution provisions, however, are often included at the end of the negotiation as an afterthought.
By Abraham J. Gafni
7 minute read
September 24, 2018 | The Legal Intelligencer
Resolving Ambiguities in the Arbitration AgreementIt is well-recognized that arbitration is a matter of contract, and that courts will rigorously enforce arbitration agreements in accordance with their terms. Yet, often, ambiguities require that courts apply basic principles of contract interpretation to ascertain the intent of the parties as to matters unclear in the agreement itself.
By Abraham J. Gafni
7 minute read
July 26, 2018 | The Legal Intelligencer
Modifying an Arbitration Award Due to 'Evident Miscalculation'Miscalculation of an award by an arbitrator represents one of the few grounds warranting modification. But what evidence and what procedures are required by a court when reviewing a contention of arbitrator miscalculation?
By Abraham J. Gafni
1 minute read
May 17, 2018 | The Legal Intelligencer
Who Decides Arbitrability—Is It the Court or an Arbitrator?An issue that continues to present itself is who will determine if a dispute must be tried in court or arbitrated.
By Abraham J. Gafni
7 minute read
March 22, 2018 | The Legal Intelligencer
What Notice Is Required for Mandatory Employee Arbitration?Increasingly, employers are seeking to impose mandatory arbitration provisions to resolve disputes with employees.
By Abraham J. Gafni
7 minute read
January 18, 2018 | The Legal Intelligencer
Who Decides Arbitral Venue—an Arbitrator or the Court?Perhaps no arbitration issue has been litigated more frequently in recent years than determining “arbitrability.” Repeatedly, courts have been called upon to decide whether they or the arbitrators have the authority to resolve particular aspects of a dispute.
By Abraham J. Gafni
7 minute read
November 17, 2017 | The Legal Intelligencer
Is This an Agreement to Arbitrate? Recent Cases Confront this IssueGenerally, determining whether contracting parties have agreed to arbitrate future disputes provides little difficulty. Typically, the agreement will employ the word arbitration; moreover, it will often identify a specific dispute resolution provider, and state what procedures (whether those of the provider or otherwise) are to be employed.
By Abraham J Gafni
7 minute read
September 27, 2017 | Corporate Counsel
Does Your Dispute 'Arise Under' or 'Relate to' Arbitration Agreement?ADRHow carefully do you consider the scope of your agreement to arbitrate? Experience reflects that parties will often negotiate the terms…
By Abraham J. Gafni
7 minute read
September 25, 2017 | The Legal Intelligencer
Does Your Dispute 'Arise Under' or 'Relate to' Arbitration Agreement?How carefully do you consider the scope of your agreement to arbitrate? Experience reflects that parties will often negotiate the terms of their business arrangement with care. After reaching an understanding on all substantive matters, however, and impatient to complete their work, they often opt for a cookie-cutter arbitration provision that, subsequently, may not provide the mandatory dispute resolution procedure expected.
By Abraham J. Gafni
13 minute read
July 24, 2017 | The Legal Intelligencer
Seeking Clarification of an Ambiguous Arbitration AwardParties often favor arbitration because it usually brings an immediate end to the litigation as the arbitrator lacks the authority to reconsider the award by reason of the "functus officio" doctrine.
By Abraham J. Gafni
7 minute read
