Abraham J Gafni

December 14, 2015 | The Legal Intelligencer

Attempts to enforce a contractual right to arbitrate are often stymied by the contention that arbitration had been waived because a party engaged in protracted litigation prior to asserting that right.

By Abraham J. Gafni

7 minute read

December 14, 2015 | The Legal Intelligencer

Attempts to enforce a contractual right to arbitrate are often stymied by the contention that arbitration had been waived because a party engaged in protracted litigation prior to asserting that right.

By Abraham J. Gafni

7 minute read

August 18, 2015 | The Legal Intelligencer

Generally, a party that has not consented to arbitration may not be forced to submit to it.

By Abraham J. Gafni

7 minute read

August 17, 2015 | The Legal Intelligencer

Generally, a party that has not consented to arbitration may not be forced to submit to it.

By Abraham J. Gafni

7 minute read

June 16, 2015 | The Legal Intelligencer

It is generally understood that the obligation to submit to arbitration (unless mandated by statute or court rule) arises by reason of a written (and occasionally oral) contractual obligation entered into by the parties.

By Abraham J. Gafni

7 minute read

June 15, 2015 | The Legal Intelligencer

It is generally understood that the obligation to submit to arbitration (unless mandated by statute or court rule) arises by reason of a written (and occasionally oral) contractual obligation entered into by the parties.

By Abraham J. Gafni

7 minute read

April 22, 2015 | The Legal Intelligencer

Often the alternative dispute resolution provisions in a contract are considered only after a lengthy and complex negotiation involving the substantive aspects of a transaction.

By Abraham J. Gafni

6 minute read

April 22, 2015 | The Legal Intelligencer

Often the alternative dispute resolution provisions in a contract are considered only after a lengthy and complex negotiation involving the substantive aspects of a transaction.

By Abraham J. Gafni

6 minute read

February 24, 2015 | The Legal Intelligencer

Litigating parties recognize that both res judicata (claim preclusion) and collateral estoppel (issue preclusion) apply not only to court decisions but to those of an arbitrator as well.

By Abraham J. Gafni

7 minute read

February 23, 2015 | The Legal Intelligencer

Litigating parties recognize that both res judicata (claim preclusion) and collateral estoppel (issue preclusion) apply not only to court decisions but to those of an arbitrator as well.

By Abraham J. Gafni

7 minute read