Abraham J Gafni

May 18, 2017 | The Legal Intelligencer

Parties often sign a Dispute Resolution Agreement (DRA) expecting that it will establish procedures before the dispute arises. But what if one party refuses to comply with the agreement, including, in particular, paying the necessary ­arbitration fees? Will the other party, having been ­frustrated in its attempt to arbitrate, be relieved of its obligations under the agreement?

By Abraham J. Gafni

14 minute read

March 24, 2017 | The Legal Intelligencer

Bifurcation of a trial may be ordered by a court or requested by the ­litigating parties. Often, the first of the two hearings will address liability and the second, damages.

By Abraham J. Gafni

14 minute read

January 19, 2017 | The Legal Intelligencer

That federal policy favors ­arbitration agreements is well-recognized. Indeed, the Federal Arbitration Act (FAA) specifically provides that, "a written provision in any ... contract evidencing a transaction involving commerce to settle by arbitration a controversy arising thereafter arising out of such contract or transaction ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract" Accordingly, all doubts must be resolved in favor of arbitration.

By Abraham J. Gafni

14 minute read

November 14, 2016 | The Legal Intelligencer

Parties entering into a business relationship are often advised that a fully formulated arbitration agreement should be carefully prepared so that if a dispute arises, the pathway to resolution is fixed and clear. Among suggested provisions is one identifying the arbitrator(s) or arbitral forum that will administer and, ultimately, enter a final award.

By Abraham J. Gafni

14 minute read

September 19, 2016 | The Legal Intelligencer

Parties who have entered into a valid arbitration agreement understand that under the Federal Arbitration Act (FAA), the matter generally must be ­resolved through arbitration rather than court litigation. Only after such resolution may they seek enforcement of the ­arbitration award or other relief in court.

By Abraham J. Gafni

13 minute read

July 19, 2016 | The Legal Intelligencer

Compelling arbitration is often of significant importance to one of the parties to a dispute. It is surprising, therefore, how often a party will unintentionally abandon a right that it was so intent on securing when the contract was first negotiated.

By Abraham J. Gafni

12 minute read

May 12, 2016 | The Legal Intelligencer

Parties may relinquish their right to litigate in court in many ways. They click a box on a computer screen, open a container containing a purchased product or turn on an electrical device, and, by so doing, they agree to submit all disputes with another party to binding arbitration.

By Abraham J. Gafni

15 minute read

March 11, 2016 | The Legal Intelligencer

Disputing parties often seek attorney fees and costs from opponents whom they claim are presenting frivolous arguments and not litigating in good faith.

By Abraham J. Gafni

7 minute read

January 19, 2016 | The Legal Intelligencer

Decisions of the U.S. Supreme Court have repeatedly reflected that arbitration must be accorded preferential treatment so that provisions waiving the right to litigate disputes (often involving class actions) and mandating arbitration may not be stricken lightly.

By Abraham J. Gafni

7 minute read

January 16, 2016 | The Legal Intelligencer

Decisions of the U.S. Supreme Court have repeatedly reflected that arbitration must be accorded preferential treatment so that provisions waiving the right to litigate disputes (often involving class actions) and mandating arbitration may not be stricken lightly.

By Abraham J. Gafni

7 minute read