Gil is a litigator with extensive experience in complex international and domestic commercial disputes. Much of his practice is focused on international arbitration and other cross-border alternative dispute resolution (ADR) proceedings. Gil serves companies in diverse sectors, including financial services, capital equipment design and manufacturing, political risk and credit insurance, commodities trading, engineering, and construction. He also draws on his science background to serve companies in the biotechnology and chemicals sectors as well as other technology-based companies.
- University of Wisconsin (JD)
- University of Wisconsin (PhD)
- University of Michigan (BS)
- Representation of a Bermuda-based credit insurance company in connection with U.S. financial company’s lease-sale of helicopters to a Mexican company.
- Defense of a US financial company in a lender liability suit by a Latin American manufacturer
- Representation of a US financial company with respect to its claim on defaulted promissory notes against a Mexican steel manufacturer
- Representation of a US commodities trader in an arbitration in London against an Indian vendee of nonprecious metals
- Representation of a US commodities trader in an arbitration in Zurich, in respect to its claim regarding losses of nonprecious metals at a Macedonian tolling facility
- Representation of a Swiss general contractor against a US technology subcontractor, in relation to a subcontract in connection with the construction of an infrastructure project in Yakutsk, the Russian Federation
- Representation of an Austrian bank in litigation with an Argentinean bank concerning interbank deposits in the context of Argentina’s moratorium on external debt repayments
- Representation of an Italian manufacturing company in an arbitration in Singapore, in respect to a claim against an Indonesian counter-party
- Representation of diverse financial companies in arbitration and litigation proceedings concerning losses related to a Eurobond default
- Representation of a credit insurance company and the negotiation of recoveries for the benefit of several European and US-based insureds with regard to potential losses in Turkey, Mexico, and other countries
News & Press
Lessons From Above: SCOTUS Declines to Review a Class Arbitrability Case (the Issue Had Been Delegated to an Arbitrator)
November 2, 2020 | Blog | By Gilbert Samberg
Into the Fray: Seventh Circuit Holds That Foreign and International Commercial Arbitrations Do Not Receive U.S. Judicial Assistance In Discovery Under 28 U.S.C. §1782(a)
October 6, 2020 | Blog | By Gilbert Samberg
Del. District Court (Third Circuit) Again Holds That 28 U.S.C. § 1782 Does Not Apply Vis-à-vis Foreign Commercial Arbitrations.
September 23, 2020 | Blog | By Gilbert Samberg
The fly in the ointment regarding this generous legislation, however, is the enduring fundamental issue of whether a foreign or international private commercial arbitration is such a “tribunal” for these purposes. The Circuit Courts of Appeals that have ruled on that issue have split down the middle: the Fourth and Sixth Circuit held relatively recently in the affirmative, while the Second and Fifth Circuits have held just the opposite. (The Second Circuit’s most recent decision in that regard was issued in July 2020, reaffirming its earlier decision in 1999 to this same effect.)
August 31, 2020 | Blog | By Gilbert Samberg
The issues in both Schein I and current Schein II largely concern who should decide gateway questions of arbitrability in the first instance – (a) a court, the presumptive adjudicator of such questions; or (b) an arbitrator, when the parties have “clearly and unmistakably” agreed to delegate such issues to an arbitral panel. But SCOTUS has some latitude with respect to the range of issues it will address concerning the relationships between arbitrability, delegation, arbitration clause carve-outs, and equitable estoppel.