Photo of Gilbert Samberg

Gilbert Samberg is a Member in the firm’s New York office. He has advised and represented a wide variety of international clients in avoiding, prosecuting, and resolving financial, commercial, and technology-related disputes by means of arbitration, mediation, negotiation and litigation.  Gil also has acted as a mediator and as an arbitrator in international disputes.

In a recent series of articles, we asked whether “class arbitration” — meaning the utilization of a Fed. R. Civ. P. 23 class action protocol in an arbitration proceeding — is ultimately viable. Given the nature of arbitration, we suggested that it arguably is not. We noted that the United States Supreme Court and various Courts of Appeal had examined several related procedural questions, but that they had not gotten to the core issues that would ultimately determine the viability of a class arbitration award.

Continue Reading Is “Class Arbitration” an Oxymoron — a Shoe Drops in the Second Circuit