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Arbitration Experience Profile for Marc J. Goldstein

Some readers of these Commentaries may find it useful to have ready access to a profile of my international arbitration experience. I seek to provide that here. Representative International Arbitrations as Arbitrator +ICDR case concerning interests in real estate trust. Parties US, Netherlands, Israel. Chairperson of tribunal. +ICDR case concerning investment banking compensation agreement. Parties […]

Supreme Court Not Likely to Consider Manifest Disregard in Class Arbitration Case

The Supreme Court of the United States today granted certiorari to review a decision of the U. S. Court of Appeals for the Second Circuit, Stolt-Nielsen Transp. Group Ltd. v. Animalfeeds International Corp., 543 F.3d 85 (2d Cir. 2008), in which the Court OF Appeals continued to recognize the existence of “manifest disregard of the […]

Enforcement of Foreign Arbitral Awards in the U.S.: A Primer

The following commentary has been prepared for publication in Canada and will shortly be published there in both English and French. However, the discussion of U.S. law in this commentary is certainly not limited to enforcement of awards involving Canadian parties. Enforcement of Foreign Arbitral Awards in the U.S.: A Primer by Marc J. Goldstein […]

Setting Aside New York Convention Awards

Does Chapter 1 of the Federal Arbitration Act – the “domestic FAA” – provide the legal standards applicable to a motion to vacate an international arbitration award made in the United States? Just when many arbitration practitioners may have thought the settled answer was “yes,” along has come a new federal district court decision in […]

Nonsignatory Defendants Compelling Arbitration

Common law concepts such as agency and estoppel often come into play when arbitral jurisdiction determined under U.S. law. An intriguing recent example is Leff v. Deutsche Bank AG, 2009 U.S. Dist. LEXIS 41713 (N.D. Ill. May 14, 2009). The case arose from the marketing of allegedly abusive tax shelter schemes. Deutsche Bank allegedly assisted […]