Gilbert A. Samberg

Mintz

Articles

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Is the “Clear and Unmistakable” Hurdle for Delegation of Arbitrability Issues to an Arbitrator Uniform or Variable?

USA - May 14 2020 The United States Supreme Court established that questions of arbitrability are presumptively for a court unless the parties clearly and...

The Mischief That Arbitrators May Do: Clause Construction Award Enables Class Arbitration

USA - April 29 2020 If we needed a reminder of why the “delegation” question - i.e., whether parties have agreed that gateway arbitrability issues should be adjudicated...

Momentum Building for Applicability of 28 U.S.C. 1782(a) to Obtain Discovery for Use in Foreign or International Private Arbitrations

USA - April 13 2020 In 1948, the United States first promulgated a unique statutory mechanism by which, via its 1964 amendment, an interested person could receive...

Another Federal Court (in the Ninth Circuit) Holds That 28 U.S.C. 1782 Applies With Respect To Foreign Private Arbitrations

USA - March 9 2020 A federal court in the Northern District of California has adopted the reasoning and conclusion of a recent Sixth Circuit decision in holding that 28...

U.S. Enforcement of International Arbitral Awards: Is Forum Non Conveniens a Viable Defense?

USA - February 28 2020 Are there circumstances in which forum non conveniens is a viable defense in the U.S. to a petition to confirm an arbitration award that is subject to...