Marc J. Goldstein Arbitrator & Mediator NYC

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November 02, 2022

On Overlapping Appointments

In a dream last night, YOU, Dear Wing, received an email from the Chair of the Tribunal, “Re: New Case”: “My Dear Colleague X: I am serving as a Wing in a recently filed ICC Arbitration with an amount in dispute in excess of US $3 Billion. Together with my Fellow Wing Ms. Z, who knows and admires you, as I do, we are charged with the joint selection of the Chair. I would like to put your name forward if OK. The parties and counsel are completely different from our current case together and there is no subject matter…
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Recent Posts

October 23, 2022

Concerning Corruption

Corruption — of the bribing State officials variety — can seem like a distant abstraction. Until one reads about it, in excruciating detail. We had that opportunity recently, courtesy of a 360-page ICSID Tribunal Award that declared inadmissible, on grounds of corruption, the expropriation and FET (and other) claims of an investor that deployed an elaborate bribery and influence peddling scheme to secure its investment rights from the State. BSG Resources Ltd. v. Republic of Guinea, ICSID Case No. ARB/14/22 (Award dated May 18, 2022, available at www.italaw.com with the document identifier italaw170322.pdf, hereinafter the “BSGR” case). What should we…
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August 31, 2022

Comity Unhinged?

Dear Readers, you have a lengthy double-feature here on the Blog, for the soon-to-be-departed month of August. And in the movie-going days of our parents’ youth that usually meant the rest of the show would consist of “short subjects” – maybe a newsreel and Woody Woodpecker cartoon. So I bring you one short subject, and it would be longer but I have to go back to work. Most of you are Chromalloy buffs. That is, you crave new developments in the evolution of the law concerning recognition and enforcement, or not, of foreign awards that have been set aside by…
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August 31, 2022

Where Are You Sitting?

Sometimes the answers to our most difficult questions are found hiding in plain view. Take for example a question of transcendent global importance — where a New York-seated international arbitrator should “sit” to take testimony from America’s leading non-party witnesses like Google, or Facebook, or Microsoft or Apple Computer. I have been urging you since 2015 to fly to San Jose or Seattle — and upon arrival, to sit — or at least make a plan to do that. This turns out to have been pretty good advice. But for reasons that were, well, hiding in plain view. You can…
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August 29, 2022

Long Live 1782!!

Maybe you thought your Section 1782 line of business sustained a death blow in June at the hands of the US Supreme Court [ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078]. But do not despair! I’m here to boost your spirits and maybe your revenue stream. (And to entertain the rest of you, as always). As most of you know by now, in the ZF case the Court held that neither of two different types of international arbitration tribunals qualifies as “foreign or international tribunal” under Section 1782, and that federal judicial assistance to gather evidence in the…
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June 21, 2022

A Mea Culpa in Miami

Well, somebody in Arbitration World has to write about a subject other than Section 1782, so here we go…. The US 11th Circuit Court of Appeals, after nearly 25 years of living on the dark side of international arbitration, seems prepared to confess its sins and seek redemption. It appears poised to recognize that the New York Convention provides the limited grounds for a US court to refuse recognition and enforcement of an international arbitration award made at a US arbitral seat, but that US domestic arbitration law (especially Chapter 1 of the Federal Arbitration Act) supplies the grounds for…
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April 28, 2022

It’s Great to Win

… and to be able to talk about it. You can copy/paste this link into your browser, to open and read it. I tried it. It works. https://www.canlii.org/en/on/onsc/doc/2022/2022onsc1900/2022onsc1900.html