Marc J. Goldstein Arbitrator & Mediator NYC

Recent Posts

April 26, 2010

Judicial Arbitrability Decisions in FINRA Arbitration: Has Competence-Competence Go Awry?

Former Lehman Brothers CEO Richard Fuld last week failed to convince a federal district judge in New York to enjoin a FINRA arbitration against him arising from a Lehman bond sale in 2006. In this latest of several court decisions concerning arbitrability of pending FINRA arbitrations, Lehman’s erstwhile leader moved to enjoin the arbitration after the panel had denied his motion to dismiss. As to six of the seven claims, the court denied the motion to enjoin the arbitration — but only after accepting that the question was properly one for judicial determination. (Fuld v. Booth Foundation, Inc., 2010 U.S….
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April 22, 2010

Chevron-Texaco v. Ecuador: The Measure of Damages for Denial of Justice-Type Claims

Ecuador’s violation of what I have called the “Effective Means” Clause of the US-Ecuador BIT (Art. II(7)) meant that Chevron-Texaco was entitled to recover the damages, if any, proximately caused by the non-adjudication of its breach of contract claims in the courts of Ecuador for an unreasonably long period of time. The teams of American counsel squared off against one another could readily agree that the venerable Chorzow Factory case provided the classical formulation of the measure of damages for breach of an obligation imposed by international law: in a phrase, “restitutio in integrum.” Applying the standard of putting the…
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April 12, 2010

The Alter Ego Doctrine and Foreign Sovereign Immunity

Dear Readers My general website carries a commentary on an important new decision of the federal district court in Manhattan permitting attachment and execution against funds of the Argentine Central Bank at the New York Federal Reserve Bank, to satisfy bondholders’ judgments against the Republic of Argentina. Click through to my general website at the bottom of this window. Kind regards. Marc Goldstein

April 08, 2010

Chevron-Texaco v. Ecuador: A Partial Report on the Partial Award on the Merits

Readers of Arbitration Commentaries may generally rely upon its principal author to read cases from beginning to end before reporting upon them in this corner of Cyberspace. But whereas the Arbitral Tribunal in Chevron-Texaco v. Republic of Ecuador has seen fit to deliver a Partial Award on the Merits that runs to 265 pages, it is hoped that you will gratefully receive this interim report (based upon reading up to page 134 of the Partial Award) together with a promise that there will be more to come.( Here is a link to the full text of the Partial Award:…
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April 05, 2010

Article VI of the New York Convention: Discretion to Suspend or Proceed With Enforcement During Set-Aside Proceedings Abroad

I briefly note here two recent cases in the federal district court in Washington, D.C., in which the judges refused to grant foreign governments stays of enforcement of awards against them, under Article VI of the New York Convention, based on proceedings pending in foreign courts to set aside the awards. (G.E. Transport S.P.A. v. Republic of Albania, 2010 U.S. Dist. LEXIS 24180 (D.D.C. Mar. 16, 2010); Continental Transfert Technique Ltd. v. Federal Government of Nigeria, 2010 U.S. Dist. LEXIS 27336 (D.D.C. Mar. 23, 2010). Each decision relies upon the leading U.S. case elaborating standards governing the exercise of discretion…
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April 05, 2010

An Aside: Introducing The Counsel Culture Corner

Dear Readers: At my general website, I have introduced a new dimension entitled Counsel Culture Corner. There you will find current listings for the performing arts and artists’ exhibitions in leading arbitral venues — at this time New York, Paris, London, Hong Kong and Toronto. These pages also contain links to key arbitral resources of each jurisdiction –generally the governing arbitration statutes and the websites of the leading international arbitral institutions situated in those venues. You are invited to visit Counsel Culture Corner…. and to submit your recommendations for updates to the listings! Warm regards. Marc Goldstein