Marc J. Goldstein, Esq.
One Rockefeller Plaza, 11th Floor
New York, NY 10020
Hourly Rate $800
Current MJG Arbitration (f/k/a Marc J. Goldstein Litigation & Arbitration Chambers) -- Founder
Practice 9
Cases 75
Languages English
MJG Arbitration (f/k/a Marc J. Goldstein Litigation & Arbitration Chambers) -- Founder
Founder, MJG Arbitration & Mediation, 2007-Present; Proskauer Rose LLP, 1980-2003 (leader of international arbitration practice, 1999-2003); Hodgson Russ LLP (leader of international arbitration practice), 2004-2007.
Certified by International Mediation Institute in 2015. Completed Harvard Program on Negotiation (HPON) Master Class November 2016 (and HPON Basic Course November 2013). Began service as a mediator of commercial disputes in late 2009. Mediator in approximately 70 disputes. Appointed privately and through American Arbitration Association, U.S. District Court, Southern District of New York and Commercial Division, New York Supreme Court. Largest case was a civil antitrust enforcement case with exposure in excess of $300 million. This case was settled after several months of mediation effort. Another large case involved claims exceeding $10 million between major financial institutions arising from the restructuring of a syndicated loan facility. A third was a cross-border dispute over payment for defective industrial machinery; the purchaser was a Fortune 100 company affiliate. This case was settled in one session. Other cases included legal malpractice dispute (settled), hotel management dispute (settled), wrongful check collection interbank dispute (settled), vendor-supplier dispute over reproduction services (settled), dispute over real estate loan to non-profit entity (settled), disputes over taxi-limousine franchises, joint venture dispute among investors in food services enterprise; insurance coverage dispute involving D & O policy relating to alleged financial fraud.
1. Civil Antitrust Enforcement Case: Price fixing conspiracy allegations, measure of damages for which one co-conspirator is responsible in "hub and spoke" conspiracy.
2. Performance Rights Trademark Infringement Case: Dispute over scope of license of rights in public television program content.
3. Professional Malpractice Case: Dispute over alleged legal malpractice.
4. Investment Banking Compensation Case: Dispute over fees due to investment banker upon successful completion of corporate merger.
5. Syndicated Loan Facility Case: fiduciary obligations of syndicate manager toward lenders not participating in restructuring of the facility.
6. Industrial Machinery Case - scope of defects in machinery supplied; fact issues of allocating responsibility for defective condition.
7. Joint Venture Dispute - fact disputes over claims of misappropriation and corporate waste.
8. Insurance Coverage Disputes - Interpretation of reinsurance agreements, fact issues relating to dates claims arose.
9. Real estate loan case - Ability of non-profit to comply with terms of loan agreement.
10. Taxi franchises dispute - Fact issues of discriminatory treatment of franchisees in allocation of work.
11. Reproduction charges dispute - fact issues of performance.
As an experienced international arbitrator and a specialist in the law and practice of international arbitration, is well positioned to mediate pending or potential international arbitrations. Mr. Goldstein is a Member of Mediators Beyond Borders International.
Prepares intensively as if for adjudicative exercise. Willing to be evaluative. Builds trusting relationships with participants. Maintains continuity of process up to conclusion.
A complete Feedback Digest was compiled for the International Mediation Institute (IMI) in connection with certification in 2015. The IMI Feedback Digest is linked on Mr. Goldstein's website and is also accessible on the IMI website.
AAA "Arbitrating Domestic & International Life Science Disputes", 2019; AAA/ICDR Symposium on Life Sciences Disputes, Philadelphia, May 2019; GAR Live International Construction Disputes, Paris, April 2019; AAA/ICDR/AAA Mediation.org Panel Conference, 2019; ICC Symposium on Duration, Time, Timeliness, Montreal, March 2019; IBA Arbitration Day, Montreal, March 2019; LCIA North American Users Council program, Montreal, March 2019; AAA Neutrals Conference, Nashville, March 2019; AAA-ICDR/ICC/ICSID Joint Colloquium, Washington DC, December 2018; AAA Smarter Faster Cheaper Technology Dispute Resolution Conference, New York, November 2018; Fordham Annual International Arbitration & Mediation Conference, New York, November 2018; ICC Canada Annual Conference, Ottawa, November 2018; IBA Annual Conference Committee D Sessions, Rome, October 2018; College of Commercial Arbitrators Annual Conference, Atlanta, October 2018; ICC Fall Conference New York, September 2018; AAA Arbitrator Performance and Demeanor - Meeting Participant Expectations ACE18, 2018; IBA Arbitration Day, Buenos Aires, February 2018; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration December 2017; Fordham Conference on International Arbitration and Mediation, New York, November 2017; AAA When Experts Come From Different Planets: Tips for Maximizing the Value of Experts, 2017; AAA Addressing the Challenges of Demanding Arbitrations: Part 2 - The Hearing Phase, the Award, and Beyond, 2017; IBA Arbitration Day, Milan, March 2017; ICC Symposium on Costs, LCIA Users Council Symposium and IBA Arbitration Day, Shanghai, March 2016; AAA/ICDR/Mediation.org Panel Conference, New Orleans, February 2016; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2015. Similar programs in years prior; Mediation Training and Experience: Harvard Program on Negotiation Advanced Level Master Class (November 2016); Harvard Program on Negotiation Webinar, "Bargaining With the Devil: Strategies and Techniques for Negotiating with Tough Opponents", presented by Robert H. Mnookin (July 13, 2016); International Mediation Institute (IMI) mediator certification course, Brussels, August 2015 (successfully completed and certification obtained); Harvard Program on Negotiation, September 2013; Recently completed reading on Conflict Resolution: Padraig O'Malley, The Two-State Delusion: Israel and Palestine --A Tale of Two Narratives (completed July 2017); Deepak Malhotra, Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (completed July 2016); Robert H. Mnookin, Beyond Winning: Negotiating to Create Value in Deals and Disputes (completed July 2016); Robert H. Mnookin, Bargaining With the Devil: When to Negotiate, When to Fight (completed July 2016); Daniel Shapiro, Negotiating the Nonnegotiable: How to Resolve Your Most Emotionally Charged Conflicts (completed July 2016);.Viet Than Nguyen, Nothing Ever Dies: Vietnam and the Memory of War (completed June 2016)
Admitted to the Bar: New York, 1981. Admitted to practice in New York's state and federal trial and appellate courts.
Elected: National Academy of Distinguished Neutrals; International Council on Commercial Arbitration; American Law Institute (Members' Consultative Group for Restatement (Third) of The U.S. Law of International Commercial Arbitration); International Arbitration Club of New York; Committee on International Commercial Disputes, New York City Bar Association (2011-2017, 2019-present); Committee on Arbitration, New York City Bar Association; College of Commercial Arbitrators (Fellow); Chartered Institute of Arbitrators (Fellow); London International Arbitration Club; Toronto Commercial Arbitration Society; American Bar Foundation (Fellow); American Bar Association (Section of International Law).

Voluntary: London Court of International Arbitration; International Chamber of Commerce (US Arbitration Committee); International Bar Association (Committee D - Arbitration); Institute for Transnational Arbitration (Dallas; Advisory Board); Swiss Arbitration Association; Institute D'Arbitrage Internationale.

Non-Profit Affiliations: Jewish Center of the Hamptons (Board of Trustees).
University of Virginia Law School (JD, Member, Virginia Law Review, 1980); University of Pennsylvania (BA, magna cum laude, 1976).
RECOMMENDED IN: Chambers & Partners 2020 Global Guide: USA, International Arbitration: Arbitrators, Band 1; Chambers & Partners 2020 USA Guide: International Arbitration, Band 1; 2020 International Who's Who of Commercial Arbitration; Best Lawyers in America; New York Super Lawyers. Similar honors in prior years.
Founder (2009) of Arbitration Commentaries: http://arbblog.lexmarc.us Published more than 250 essays on contemporary issues in law and practice of international commercial arbitration.

Other Treatise Chapters and Articles (non-exhaustive list): Practicing Law Inst., Arbitrating Commercial Disputes in the United States (2018), Ch. 4 "Arbitrability & Jurisdiction"; "The Daesang Decision: New York's Manifestly Misunderstood Law on Vacating Awards," ICC Disp. Res. Bull. Winter 2018-19 ; "Deciphering DeGusa: The Enforcement in U.S. Courts of International Arbitration Awards Against Alter Egos of the Award-Debtor," Vol. 29 No. 4 Am. Rev. Int'l Arb. (2018); "A Glance Into History for the Emergency Arbitrator," 40(3) Fordham Int'l L.J. 779 (2017); "Living (or Not) with the Partisan Arbitrator: Are There Limits to Deliberations Secrecy?", 32(4) Arb. Int'l 589 (2016) (https://doi.org/10.1093/arbint/aiw013); "A Model Federal Arbitration Summons to Testify and Present Documentary Evidence At an Arbitration Hearing," (Project of the Int'l Commercial Disputes Comm. and the Arbitration Comm. of the NYC Bar Ass'n - - Principal Author), 26 Am. Rev. Int'l Arb. 3 (2015); "Annulled Awards in the U.S. Courts: How Primary Is 'Primary Jurisdiction'?"; 25 Am. Rev. Int'l Arb. 1 (2014); "Application of the Doctrine of Forum Non Conveniens in Summary Proceedings for the Recognition and Enforcement of Awards Governed by the New York and Panama Conventions: Report of the International Arbitration Club of New York" (with Prof. Linda J. Silberman), 24 Am. Rev. Int'l Arb. 1 (2013); "Should the Real Parties in Interest Have to Stand Up? -- Thoughts About a Disclosure Regime for Third-Party Funding in International Arbitration," (TRANSNAT'L DISP. MGMT, Nov. 2011).

Recent Speaking and Teaching Engagements: Osgoode Hall Law School, Toronto, International Business Law Program, November 2019 (Procedural Conference techniques), March 2019 (Interim Relief), Dec. 2018 (Procedural Conferences); Toronto Commercial Arbitration Society "Gold Standard" Training Program, Nov. 2019 (Arbitrator Interviews and Disclosures); White & Case/PriceWaterhouseCoopers Training Program for ICC Young International Arbitration Group: "Cross-Examination of Damages Experts, The Arbitrator Perspective", June 2018; Western Canada Commercial Arbitration Society Annual Conference presentation: "How Arbitrators Apply the Law", May 2018; New York International Arbitration Club presentation: "The Delicate Diplomacy of Deposits for the Arbitrators' Fees", May 2018; New York International Arbitration Club presentation: "Looking for Law in All the Right Places: A Modern Spin on Jura Novit Arbiter", March 2018; USC/JAMS Arbitration Institute Symposium on Current Issues in International Arbitration: "Discovery (domestic) and Information Exchange (international): How Crucial Are the Differences?", March 2018; AAA/ICDR Seminar Lecture: "Disclosure and Conflict Issues in Third Party Funding: Arbitrator and Counsel Perspectives", February 2018; Toronto Commercial Arbitration Society Member Certification Course, November 2017; Toronto Commercial Arbitration Society Annual Meeting Program May 2017: Efficiency in International Arbitration; International Arbitration in the Trump Era: A Look Ahead (Presentation to the International Arbitration Club of New York, December 2016); The Fordham Conference on International Arbitration, New York, November 2016, "Emergency Arbitration "; Toronto Commercial Arbitration Society Member Certification Course, November 2016; International Arbitration Club of New York, April 2016, "Supreme Court Arbitration Jurisprudence After Justice Scalia". Similar teaching and presentations in prior years.
$800 Per Hour
English
United States of America
New York, NY

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.