Marc J. Goldstein acts as an advocate, arbitrator, and mediator in business disputes, often those with cross-border elements. He created and writes Arbitration Commentaries a widely-read online resource reporting mainly on U.S. developments affecting the law and practice of international arbitration. In the past year he has once again been listed in:
- New York Super LawyersTM
- Who’s Who in Commercial ArbitrationTM
- Best Lawyers in AmericaTM
for his accomplishments in international commercial arbitration. He maintains an active roster of cases as advocate and as neutral, and in the past five years his professional time has been nearly evenly divided between those activities. He is a panelist on many arbitrator rosters, including the AAA International Centre for Dispute Resolution, the AAA’s Commercial and Large/Complex Case panels, the CPR’s Distinguished Panels of Neutrals for international, accounting, and banking-finance disputes, the Hong Kong International Arbitration Centre, the Singapore International Arbitration Centre, and the Kuala Lumpur International Arbitration Centre. He is also a member of the arbitration committee of the U.S. national committee of the ICC Court of International Arbitration.
Mr. Goldstein is active in the organized bar in his fields of concentration, currently including service as co-chair of the International Mediation Committee of the ABA Section of International Law, as a member of the executive committees of the New York Branch of the Chartered Institute of Arbitrators and the Dispute Resolution Section of the New York State Bar Association, and in the American Law Institute’s Members’ Consultative Group for the Restatement (Third) of the Law of International Commercial Arbitration. He is also a Fellow of the College of Commercial Arbitrators and the Chartered Institute of Arbitrators, and a member of the International Arbitration Clubs of New York and London, the Swiss Arbitration Association, and the Toronto Commercial Arbitration Society. Mr. Goldstein’s main pro bono activity is service as a mediator of civil rights cases in the U.S. District Court for the Southern District of New York. He also serves on the program committee of the new New York International Arbitration Center.
March 2014 marked the seventh anniversary of the founding of Mr. Goldstein’s individual practice. In those years, there has been expansion in Mr. Goldstein’s practice as an arbitrator and also as an advocate. In the latter role, he often is engaged for disputes in the $5 million to $50 million range that large firms with arbitration expertise may or may not be able to undertake. Before March 2007, Mr. Goldstein he had been the leader of the international arbitration practices in two major law firms in New York. In January 2009, Mr. Goldstein created Arbitration Commentaries, a website where he publishes analysis of developments in the law and practice of commercial arbitration. (A link to Arbitration Commentaries appears at the right-hand border of this home page). Mr. Goldstein is also a teacher in his field as a guest lecturer at the Osgoode Hall Law School of York University in Toronto. He is an occasional contributor to widely-distributed publications in the arbitration field; one of his recent works (in collaboration with Professor Linda Silberman) was a Report of the International Arbitration Club of New York on Forum Non Conveniens in Award-Enforcement Proceedings in U.S. Courts, published in the American Review of International Arbitration.
Mr. Goldstein’s advocacy career has included several international investor-state arbitrations and a much larger number of commercial arbitrations. He represented a U.S. claimant in one of the seminal cases from the early years of the Iran-U.S. Claims Tribunal, represented a U.S. pharmaceuticals company in ICC arbitration when its foreign assets were re-nationalized by a Central European state, and acted for a European investor in arbitration seated in Singapore resulting from a joint venture with a State-owned company of the People’s Republic of China. In 2012-13, one of Mr. Goldstein’s engagements as counsel in an international commercial arbitration seated in New York entailed ancillary enforcement and provisional relief proceedings in Canada, Singapore and the Cayman Islands, and Mr. Goldstein directed the work of co-counsel engaged in those jurisdictions and also acted for the client in litigation related to the arbitration in U.S. District Court. Throughout his career, Mr. Goldstein has litigated complex commercial cases in state and federal courts across the United States, with a particular concentration of cases in securities and financial services (including derivatives), antitrust, professional sports, banking and finance, commercial transactions, real estate, intellectual property, corporate restructuring, shareholder disputes, officer and director liability, and employment law.
Mr. Goldstein has served a mediator in approximately 55 cases since 2009. He is on the mediator rosters of the federal and New York State trial courts, and the AAA international and domestic commercial panels.