Abraham J Gafni

August 18, 2020 | The Legal Intelligencer

Perhaps no arbitration issue has been litigated as frequently in recent years as the scope of an arbitrator's authority. Most often, this has involved "arbitrability," i.e., whether arbitrators may decide if they have the authority to decide the conflict as a whole, or any particular issue that has been brought before them.

By Abraham J. Gafni

7 minute read

June 22, 2020 | The Legal Intelligencer

Imagine that you and another respondent in an arbitration have the opportunity to select two arbitrators. You then discover that the opposing five claimants may select seven arbitrators. You are outraged, but confident that no court would ever allow an arbitration to proceed which is so clearly unfair. Right? Wrong!

By Abraham J. Gafni

8 minute read

April 13, 2020 | The Legal Intelligencer

There is a general sense that employers and providers of goods or services, when preparing agreements relating to contracts of employment or the sale of products, prefer the inclusion of mandatory arbitration provisions that incorporate a prohibition against class actions by employees or consumers.

By Abraham J. Gafni

7 minute read

February 10, 2020 | The Legal Intelligencer

Arbitration integrity is based upon an assumption that arbitrators will not accept appointments unless they are impartial in fact or disclose any information that might raise a question as to their impartiality.

By Abraham J. Gafni

8 minute read

November 18, 2019 | The Legal Intelligencer

Employers often fail in their attempts to enforce such provisions because they cannot demonstrate that they have satisfied a basic element in making a contract under state law, i.e., securing the acceptance of the employee.

By Abraham J. Gafni

7 minute read

September 23, 2019 | The Legal Intelligencer

Many companies prefer mandatory arbitration programs for the resolution of disputes between employer and employee; and, courts have made clear (often to the consternation of the employees) that such provisions, properly drawn and presented, are enforceable.

By Abraham J. Gafni

7 minute read

July 25, 2019 | The Legal Intelligencer

After a protracted negotiation or mediation resulting in a settlement, parties are often eager to memorialize the result on the spot.

By Abraham J. Gafni

7 minute read

May 16, 2019 | The Legal Intelligencer

Whether to require a “reasoned” award is a decision parties must consider when setting out the rules under which an arbitration will be conducted.

By Abraham J. Gafni

7 minute read

March 21, 2019 | The Legal Intelligencer

In commercial transactions, parties often seek to resolve a disagreement by designating an expert who will decide a particular issue based upon that individual's expertise.

By Abraham J. Gafni

8 minute read

January 17, 2019 | The Legal Intelligencer

Cases considering whether arbitration has been waived reflect how careful a party must be in seeking to preserve this right. Examples of this outcome are reflected in two recent federal cases.

By Abraham J. Gafni

8 minute read