Abraham J Gafni

April 11, 2022 | The Legal Intelligencer

What if the contract containing the arbitration agreement appears on its face to be invalid, unenforceable and against public policy under state law? Will the arbitration provision similarly be deemed unenforceable?

By Abraham J. Gafni

7 minute read

February 07, 2022 | The Legal Intelligencer

Following the issuance of an arbitration award, a successful party generally starts to consider the filing of a motion to confirm, while the unsuccessful party reviews whether to file a motion to vacate.

By Abraham J. Gafni

7 minute read

December 13, 2021 | The Legal Intelligencer

Contracts among owners, general contractors and subcontractors will invariably contain provisions detailing the forum and procedures under which their disputes are to be resolved. Of critical importance to the general contractor, of course, will be that these provisions be consistent

By Abraham J. Gafni

7 minute read

October 18, 2021 | The Legal Intelligencer

Often, in the midst of an arbitration, parties, and occasionally the arbitrator, sense that it would be appropriate to engage in settlement discussions. The suggestion is made that perhaps the arbitrator, who is already familiar with the matter, should participate in such discussions, rather than engaging the services of a separate mediator, and thereby extra costs may be avoided.

By Abraham J. Gafni

7 minute read

August 16, 2021 | The Legal Intelligencer

The past 50 years have seen an incredible increase in the use of arbitration as a preferred method for the resolution of disputes. As a result, articles, books, and legal opinions have emphasized the need to carefully draft mandatory arbitration provisions and the care that must be taken to assure that such provisions are not waived.

By Abraham J. Gafni

7 minute read

June 21, 2021 | The Legal Intelligencer

Contracting and disputing parties agree to arbitration for varying reasons. These may include the right to select the arbitrator, the privacy of the procedure, and the earlier resolution of the matter with potentially lesser expense by reason of flexible rules of discovery and evidence.

By Abraham J. Gafni

7 minute read

April 13, 2021 | The Legal Intelligencer

Upon reconsideration, a client may become unwilling to honor the prior understanding. The adversary is, of course, upset. After all, the settlement was reached not only between the parties, but with the assistance of and in the presence of a mediator.

By Abraham J. Gafni

7 minute read

February 08, 2021 | The Legal Intelligencer

Arbitration is often preferred by contesting parties for many reasons. These may include speed, procedural or evidentiary requirements, decisions by arbitrators with special expertise, no public disclosure of the existence of a dispute or information relating to it, and avoidance of the appellate process.

By Abraham J. Gafni

7 minute read

December 14, 2020 | The Legal Intelligencer

In this pandemic period, as courts are limited in their ability to conduct civil trials, parties increasingly consider whether and how to settle their disputes through arbitration.

By Abraham J. Gafni

7 minute read

October 28, 2020 | The Legal Intelligencer

Does a simple reference to arbitration assure its being required if the provision does not state how and by whom the arbitration will be conducted?

By Abraham J. Gafni

7 minute read