Gene M. Burd
Partner | Litigation
Co-Chair, International Disputes
gene.burd@pierferd.com
+1.202.803.5407 office
Washington, D.C.
PDF – vCard
About
Gene M. Burd is a founding partner and Co-Chair of the International Disputes practice at Pierson Ferdinand LLP. He represents corporations, sovereigns, and state-owned entities in international arbitration, cross-border litigation, and award enforcement, with particular emphasis on sovereign immunity, Section 1782 discovery, and post-award proceedings in U.S. courts.
-
His practice focuses on the intersection of international dispute resolution and emerging technologies, including the use of artificial intelligence in arbitration and litigation strategy. He has acted in matters under the ICC, LCIA, and ICDR/AAA Rules across the energy, infrastructure, biotechnology, manufacturing, transportation, real estate, and finance sectors.
Gene regularly advises on recognition and enforcement of arbitral awards and foreign judgments, including disputes involving foreign sovereigns and public-law defenses under the Foreign Sovereign Immunities Act. He also litigates ancillary arbitration matters in U.S. courts, including jurisdictional challenges, stays pending arbitration, forum non conveniens, comity, and discovery in aid of foreign proceedings.
He sits as an arbitrator in international commercial and construction disputes and is included on the list of arbitrators of the Hong Kong International Arbitration Centre (HKIAC), the Vienna International Arbitral Centre (VIAC), and the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC).
Before entering the legal profession, Gene practiced as a civil engineer on environmental and municipal infrastructure projects, experience that informs his work in construction and energy disputes.
Gene serves as AI Officer of the IBA Law Practice Division’s Asset Recovery Committee and Co-Chair of the D.C. Bar International Law Community’s Cybersecurity, Data Privacy, and Global Technology Subcommittee. He is a frequent speaker and author on international dispute resolution and enforcement and is a former adjunct professor of international litigation.
He is fluent in English and Russian and has working knowledge of Ukrainian.
Practices
Commercial Litigation
International Disputes
Arbitration and Mediation
FinTech and Blockchain
Admissions
District of Columbia
New Jersey
Pennsylvania
U.S. Court of Appeals – D.C. Circuit
U.S. Court of Appeals – 11th Circuit
U.S. District Court – District of D.C.
U.S. District Court – District of New Jersey
U.S. District Court – Eastern District of Pennsylvania
U.S. Bankruptcy Court – District of New Jersey
Education
Rutgers Law School, Camden, JD
McGeorge School of Law, Salzburg, Austria, International Legal Studies
Purdue University, MSCE
Experience
FisherBroyles, LLP
Arnall Golden Gregory LLP
Selected Matters
Investor-State Award Enforcement (U.S. Courts): Acted for an investor in U.S. proceedings seeking recognition and enforcement of a French-seated Energy Charter Treaty award, addressing jurisdictional objections and sovereign immunity defenses under the Foreign Sovereign Immunities Act, including appellate proceedings culminating in affirmance by the Court of Appeals.
Sovereign Defense – Award Enforcement (Construction Arbitration): Represented a foreign sovereign in U.S. federal court proceedings resisting recognition and enforcement of an arbitral award arising from a major international construction project. The representation included the post-award stage and involved jurisdictional objections and sovereign immunity defenses.
UNCITRAL Commercial Arbitration – Award and Enforcement: Obtained an arbitration award under the UNCITRAL Rules for a foreign company against a U.S. counterparty and successfully pursued recognition and enforcement in U.S. courts.
Recognition of International Arbitration Award in Eastern Europe: Acted for a U.S.-owned enterprise in securing recognition of a multimillion-dollar international arbitration award in a challenging foreign jurisdiction.
Section 1782 Discovery – Financial Services: Represented an international financial trading firm in U.S. federal court proceedings under 28 U.S.C. §1782 seeking discovery for use in foreign proceedings, involving cross-border data access, confidentiality, and comity considerations.
Section 1782 Discovery – Life Sciences and Shareholder Disputes: Acted in multiple Section 1782 proceedings on behalf of multinational pharmaceutical companies and investment funds in aid of foreign patent, contract, and shareholder-oppression disputes.
Transnational Litigation – Jurisdictional Dismissals: Defended foreign entities in U.S. federal court litigation, obtaining dismissals on personal jurisdiction and forum non conveniens grounds in defamation and commercial disputes.
Sanctions and Regulatory Strategy: Advised clients on OFAC licensing strategy and sanctions-related risk in connection with cross-border disputes and enforcement planning.
Federal Maritime Commission Proceedings: Represented clients in proceedings before the Federal Maritime Commission involving alleged unjust and unreasonable practices under the Shipping Act and the Ocean Shipping Reform Act.
Presentations and Teaching Experience
Washington Arbitration Week Recap: the Ukraine Crisis and Post-War Scenarios - Kluwer Arbitration Blog
Rutgers Law School, Adjunct Professor, Course: International Litigation in U.S. Courts.
Ukraine And Ukrainian Nationals and Assets: Options of International Arbitration and Litigation, Funding and Recovery Options for Ukraine, its Nationals and the Protection of Their Assets – World Arbitration Update, 3rd
International Dispute Resolution and the Ukraine-Russia Crisis – World Arbitration Update, 2nd
Enforcement of International Arbitration Awards and Collection of Damages – World Arbitration Update, 1st
Recent Developments in the Investment-State Disputes Settlement – Enforcement of Arbitral Awards Against Foreign States and State-Owned Companies, ABA Section of International Law, 2020 Virtual Meeting.
Attachment of Sovereign Assets in the United States, RAA/ABA XI CIS Dispute Resolution Conference, Moscow 2019.
Obtaining Discovery in the United States for Use in Foreign Proceedings, 5th Edition Fraud, Asset Tracing & Recovery Asia, Hong Kong 2019.
The Future of Life Sciences: The Convergence of Private and Public Law, Copenhagen, Denmark
Doing Business with the BRICS Nations, Washington, D.C. 2018.
From Russia with the Scars (and Profits) to Prove it: How Experience in Countries of the Former Soviet Union Can Apply to Cuba (Business Law); ABA Section of International Law, Miami, FL 2017.
The Impact of Economic Sanctions on International Arbitration, Stockholm, Sweden, 2016.
Russia-Related Litigations in U.S. Courts, Moscow State Institute of International Relations, 2004.
Publications
“Enforcing Intra-EU Investment Arbitration Awards in the U.S.: Jurisdiction Affirmed, But Final Decision Deferred to District Courts”, Kluwer Arbitration Blog, November 27, 2024
Between the Rock and Hard Place: Will the U.S. Court Follow the EU or International Arbitration Tribunals?, Kluwer Arbitration Blog, April 25, 2024
Fourth Circuit Weighs In on Whether International Commercial Arbitration Panels Are Tribunals, JD Supra, 2020
The Eleventh Circuit Confirms its Pro-Arbitration Stance Once Again, JD Supra 2020
$4M Arbitration Award Issued to a CBD Oil Supplier Client, Law360 (mention), 2020
Moldova Likely to Pay $58 Million Debt to Platon-associated Energy Company, Case Returns to Paris Appeal Court, Moldova.org (mention), 2019
Confidential Arbitration Award in Dispute Between Phosphagenics and Mylan, JD Supra, 2018
Energy Co. Says $50M Award Row Should Proceed, Law360 (mention), 2018
We Agreed to What? Lessons From a Recent Federal Court Decision on Arbitrability, JD Supra 2018.
Top 5 Reasons for Life Sciences Companies to Use International Arbitration for Intellectual Property Disputes, JD Supra, 2018.
Is There a Burger in the Treasury’s CAATSA Report? JD Supra, 2018.
Light At The End Of Tunnel: Enforcing Arbitral Awards Against Sovereigns, Mealey’s International Arbitration Report, 2017.
Dow Takes its Gene Patents Row with Bayer to the Supreme Court to Avoid the $455 Million Arbitral Award, JD Supra, 2017
C. Court Sends a Harsh Reminder to Yukos Shareholders: Section 1782 Discovery is Discretionary, JD Supra, 2017
Obtaining Evidence for use in Foreign Proceedings, JD Supra, 2017
S. Discovery for Use in International Arbitration: A Catch 22, Young Arbitration Review, 2017.
Industry Pulse for Life Sciences Companies: Resolving Intellectual Property Disputes through International Arbitration, JD Supra, 2017
2nd Circuit Tilts the Scale in Favor of Discovery in Aid of Arbitration, JD Supra, 2017
Russia Responds to Western Sanctions by Banning Imported Foods, JD Supra, 2014.
Sanctions Against Russia – Part 2: What Your Company Should Consider Now, JD Supra, 2014.
Labor Conciliation Proceeding is Not a Tribunal for the Purposes of 28 U.S.C. §1782, JD Supra, 2014.