Marc J. Goldstein
Marc J. Goldstein
One Rockefeller Plaza, 10th Floor
New York, New York 10020
USA
Proskauer Rose LLP 1980-2003, Head of International Arbitration Practice and Senior Counsel; Hodgson Russ LLP 2004-2007 (NY Office Partner).
New York International Arbitration Club, College of Commercial Arbitrators (Fellow), Chartered Institute of Arbitrators (Fellow), American Law Institute.
AAA, ICDR, CPR (International and 3 other speciality panels), HKIAC, VANIAC, KCAB, ICC Database.
More than 100 total cases as arbitrator. Recent cases listed below. Older Cases on Website: www.lexmarc.us
• (2021- )Tribunal Chair, ICDR $200 million LatAm telecoms/private equity shareholder dispute (1st partial award published on Jus Mundi and linked on my website)
• (2022-23) Co-Arbitrator, ICDR $1.4 Billion consumer products business valuation dispute
• (2022- ) Co-Arbitrator, ICC $20 Million energy infrastructure project finance dispute (Investor vs State)
• (2019-2021) Tribunal Chair, ICC $125 Million mining infrastructure construction contract (FIDIC) dispute
• (2020-2022) Tribunal Chair, ICC $10 million indemnification dispute from pharmaceutical patent license/marketing practices
• (2021-22) Tribunal Chair, ICDR $100 million petrochemical industry power supply dispute
• (2019-2021) Co-Arbitrator, ICC $500 million energy exploration equipment construction dispute (contractor v State-owned enterprise) (Final Award on Jus Mundi, IESA v. Tupi)
• (2019-2020) Sole Arbitrator, ICC $50 million medical technology distribution dispute
• (2020-2022) -Co-Arbitrator, CPR non-administered $400 million pharmaceutical patent license dispute
• (2023 - ) Co-Arbitrator, ICDR $60 million construction technology trade secrets dispute
• (2021) Emergency Arbitrator, CPR, global law firm partnership agreement dispute
• (2022) Mediator, ICC, international investment finance dispute
Arbitration Commentaries
In 2009 I created a “blog” at a time when “blogs” were rather new. I gave it the name “Arbitration Commentaries”. As our world has evolved, Internet publication has overtaken scholarly journals as the primary way that busy arbitration practitioners keep up with recent developments and trends. Since 2018, I have written nearly exclusively for Arbitration Commentaries.
“Marc’s Blog” as it is known in “the ‘Hood”, seeks to join serious analysis with a writing style that is the antithesis of what you find elsewhere. I try to make you laugh while you learn. I may be graying, but the writing, I hope, is lively and bright.
Older Articles
A Glance into History for the Emergency Arbitrator, 40(3) Fordham International Law Journal 779 (2017)
Living or Not With the Partisan Arbitrator: Are There Limits to Deliberations Secrecy?, 32(4) Arbitration International 586 (2016)
A Model Federal Arbitration Summons to Testify and Present Documentary Evidence At an Arbitration Hearing (Project of the International Commercial Disputes Committee and the Arbitration Committee of the New York City Bar Association, Marc J. Goldstein principal author), published in Vol. 26 No. 1 of the American Review of International Arbitration
Annulled Awards in the U.S. Courts: How Primary Is Primary Jurisdiction published in the 2014/Volume 25 No. 1 of the American Review of International Arbitration.
Application of the Doctrine of Forum Non Conveniens in Summary Proceedings for the Recognition and Enforcement of Awards Governed By The New York and Panama Conventions (Report of the International Arbitration Club of New York, co-authored with Professor Linda J. Silberman), published in Vol. 24 No. 1 (2013) of the American Review of International Arbitration.
Should the Real Parties in Interest Have to Stand Up? — Thoughts About a Disclosure Regime for Third-Party Funding in International Arbitration, published in Transnational Dispute Management, Special Issue, November 2011.
Judicial Interim Measures in Aid of Arbitration: New York’s Muddled Landscape, published in Arbitration News, Newsletter of the IBA Legal Practice Division, March 2011.
Arbitral Cost Allocation Decisions — Should Guidelines Accompany Arbitral Discretion? 2011 AAA/ICDR Year book on Arbitration & The Law.
Enforcement of Foreign Arbitral Awards in the U.S.: A Primer, published in Canadian Arbitration and Mediation Journal Vol. 19 No. 2, January 2011.
Mediator’s Perspective On Dealing With The Intransigent Party, published in ADR Choices May 2010.
Case Comment on Preston v. Ferrer, published in Swiss Arbitration Association Bulletin, August 2008.
Unconscionable Consumer Class Action Waivers and The Federal Arbitration Act.
A commentary article reprinted from the June 26, 2008 issue of Mealey’s Litigation Report: Class Actions
United States Court of Appeals for the District of Columbia Circuit, Decision of 25 May 2007, No. 06-7058, Termorio.A. E.S.P. v. Electranta S.P., 487 F.2d 928 (D.C. Cir. 2007), 2007 U.S. App. LEXIS 122012188, published in Swiss Arbitration Association Bulletin, September 2007.