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The Mediators' Green Pledge outlines measures for mediators to reduce their climate impact. View it here.Arbitrator and mediator of international and US commercial disputes. One of fewer than a dozen US specialists of international arbitration among IMI-certified mediators. Founded MJG Arbitration & Mediation (f/k/a Marc J. Goldstein Litigation & Arbitration Chambers) in 2007. Founded Arbitration Commentaries (http://arbblog.lexmarc.us) in 2009. 1980-2003: Proskauer Rose LLP . 2004-2007: Hodgson Russ LLP. J.D. University of Virginia School of Law (Board of Editors, Virginia Law Review). B.A. magna cum laude, University of Pennsylvania. Having sat in well over 100 arbitrations (and served as counsel in a similar number) -- and completed a comparable number of mediations as a mediator certified by the International Mediation Institute -- Mr. Goldstein is often appointed by large multinationals, investors, and State entities, to sit in disputes in the construction, project finance, financial products, financial services, life sciences, insurance and M&A sectors.
>75 cases as mediator.
Appointed privately and through ICC Court of International Arbitration, American Arbitration Association, and Commercial Division, New York Supreme Court.
Adaptable to needs of the parties. Prepared to be highly evaluative where such a role is desired. Focused on relationship building separately with each party in advance of sessions, to build trust and confidence and understanding.
Arbitrator and mediator of International and domestic commercial disputes. Banking and corporate finance, life sciences, corporate governance, securities, construction, franchising, intellectual property, technology, telecoms, General Commercial.
USD $1050 per hour for study, consultation, and session time. No charges for travel time. Available to mediate in all locations upon arrangements for reimbursement of travel and lodging costs.
American Law Institute (Members Consultative Group for Restatement of the Law of Foreign Relations and Restatement of the Law of International Commercial Arbitration for duration of now-completed project); American Arbitration Association/International Centre for Dispute Resolution (Arbitrator and Mediator Rosters, Commercial and International); New York Supreme Court (Mediator Roster); CPR Distinguished Panels of Neutrals (National, International, Banking & Finance, Sports & Entertainment) ICC US Arbitration Committee (Member) and ICC Arbitrator Database; International Council on Commercial Arbitration (Member); International Arbitration Club of New York (Member); International Arbitration Club, London (Member); London Court of International Arbitration (Member); Fellow, College of Commercial Arbitrators; Fellow, Chartered Institute of Arbitrators and Member of CI Arb New York Branch; Toronto Commercial Arbitration Society (Member, and Faculty Member of Gold Standard Arbitrator Training Course); International Bar Association Committee D (Arbitration); New York City Bar Association, International Commercial Disputes Committee
See IMI Feedback Digest
Harvard Program on Negotiation Master Class, November 2016 (Certificate); R.H. Mnookin, Harvard Program on Negotiation Webcast "Bargaining With the Devil", July 2016;Â Harvard Program on Negotiation, Fall 2013 (Certificate); Center for Understanding in Conflict, 4-Day Intensive Program, 2008;Â New York Supreme Court Commercial Division Training Course, 2009.
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Reading in Negotiation and Dispute Resolution Literature:Â
George W. Adams Q.C., Mediating Justice: Legal Dispute Negotiations (completed August 2018); 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)
Annually a Participating Instructor/Mentor in: Osgoode Hall Law School Professional Development Program in International Dispute Resolution; Toronto Commercial Arbitration Society "Gold Standard" Arbitration Training Course;Â Willem C. Vis International Arbitration Moot and pre-Moot programs in New York sponsored by ICC, AAA/ICDR, Cravath Swaine & Moore and others.
Recent Speaking and Teaching Engagements: Osgoode Hall
Law School, Toronto, Prof'l Dev. Program, Nov. 2023 (Arbitrator Selection); Keynote Address of Canada Arbitration Week, CI Arb Canada Program: "Arbitrators Under Attack" (October
2023); Toronto Commercial Arbitration Society Annual Meeting Panel: Arbitral
Power to Impose Sanctions (May 2023); Toronto Commercial Arbitration Society
"Gold Standard" Training Program, Nov. 2022 (Case Management); Osgoode Hall
Law School, Toronto, Prof'l Dev. Program, Nov. 2022 (Cross Examination);
College of Commercial Arbitrators Program on Arbitration Procedures (May
2022); GAR Live New York (Oct. 2021) (Functus Officio and Finality of Awards);
New York International Arbitration Club Presentation: "The Functus Officio
Problem in Modern Arbitration and a Proposed Solution" (June 2021) ; CPR
Arbitration Committee, Presentation on Advocacy in Virtual Arbitration Hearings,
The Arbitrator's Perspective (March 2021); NY City Bar Arbitration Committee
Presentation: "Dissenting Opinions, The Chair's Perspective" (March 2021)
Creator (2009) and sole author of Arbitration Commentaries (http://arbblog.lexmarc.us), where I have published more than 250 essays and comments on the law and practice of international commercial dispute resolution.
Other Treatise Chapters and Articles (non-exhaustive list): "2023 Update to: 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); Practicing Law Inst., Arbitrating Commercial Disputes in the United States (2d ed. 2020 and 1st ed. 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); "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)
New York Rules of Professional Conduct (by law) American Arbitration Association/American Bar Association Model Standards of Conduct for Mediators (accepted as condition of selection of AAA Mediator Roster) IMI Code of Professional Conduct (voluntary).
See "A Guide to Attorney Disciplinary Process in New York State" published by the New York State Bar Association Committee on Professional Discipline, available at http://www.nysba.org.
Lloyd's Arbitrators and Mediators Professional Liability Policy