The 2010 docket of Marc J. Goldstein Litigation & Arbitration Chambers has included engagements as mediator (privately-engaged and court-appointed), sole arbitrator, co-arbitrator, arbitration counsel, litigation counsel, and consulting counsel in foreign litigation.
Industry coverage this year has included pharmaceuticals, commercial banking, investment banking, securities, insurance,  aviation, telecoms, software development, and international sales.
For advocacy engagements, I submit [...]

Filed under: Uncategorized | Post a comment

The U.S. Ninth Circuit Court of Appeals, in a sharply divided 2-1 panel decision, has overturned a San Francisco federal district court’s confirmation of a New York Convention award, made in California, between a Belarus claimant and a California respondent-counterclaimant. The award dismissed the Belarus company’s claims and awarded the U.S. party more than $4.2 [...]

Filed under: Uncategorized | 1 Comment

A federal district judge in New York has rejected an attempt by a securities broker-dealer, involved in ICDR arbitration related to Bernard Madoff’s Ponzi scheme, to change the arbitral forum by a retroactive amendment to its customer agreement. Anwar v. Fairfield Greenwich Ltd., 2010 U.S. Dist. LEXIS 87449 (S.D.N.Y. Aug. 20, 2010).
Four months after Madoff [...]

Filed under: Uncategorized | 1 Comment

You will find, in the Legal Developments section of my general website, a summary analysis of the Second Circuit’s decision concerning the Alien Tort Statute in Kiobel v. Royal Dutch Petroleum Co. Please click on the link at the bottom of this message box. Thank you. Kind regards.
Marc Goldstein

Filed under: Uncategorized | Post a comment

For arbitration lawyers outside the United States, the allocation of adjudicatory power, in arbitration-related cases, between U.S. federal courts and courts of the individual states, is considered to be a rather arcane subject. But it is a subject of keen interest to American lawyers acting for their foreign clients because of the perceived decisive advantages [...]

Filed under: Uncategorized | Post a comment

This is the initial draft of what will eventually be a longer and hopefully more thoughtful article concerning the difficulties, under existing American law and practice, of arbitral subpoenas in U.S.-seated international arbitrations. Your comments on this draft, on this site or to the author privately, are most welcome.
 

 
Parties to international commercial contracts often [...]

Filed under: Uncategorized | 4 Comments

 
International arbitrators sitting in New York will from time to time need to apply or at least consider New York choice-of-law rules. It is therefore noteworthy when those rules evolve in a particular direction. New York “conflicts” rules (as New York lawyers call them) have for many years been a hybrid of “traditional” rules — [...]

Filed under: Uncategorized | Post a comment