Marc Goldstein

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Canada, Hong Kong, Israel, United Kingdom, United States
English
Mediation Profile

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.

75 cases as mediator.

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.  A sampling of mediated cases follows.

  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.
  1. Insurance Coverage Disputes - Interpretation of reinsurance agreements, fact issues relating to dates claims arose.
  2. Real estate loan case - Ability of non-profit to comply with terms of loan agreement.
  3. Taxi franchises dispute - Fact issues of discriminatory treatment of franchisees in allocation of work.
  4. Reproduction charges dispute - fact issues of performance.

I participated as an advocate in mediations on many occasions during 37-year advocacy career.

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. Substantial advocacy background in investor-State arbitration, ongoing study in the field with concentration on damages, training in mediation of investor-State disputes.

USD $600 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.

National Academy of Distinguished Neutrals; American Law Institute (Members Consultative Group for Restatement of the Law of Foreign Relations and Restatement of the Law of International Commercial Arbitration); American Arbitration Association (Arbitrator and Mediator Rosters, Commercial and International); U.S. District Court SDNY (Mediator Roster); 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); Executive Committee, New York State Bar Association Dispute Resolution Section; Fellow, College of Commercial Arbitrators; Fellow, Chartered Institute of Arbitrators and Member of CI Arb New York Branch Executive Committee; Toronto Commercial Arbitration Society (Faculty, Gold Standard Arbitrator Training Course); International Bar Association Committee D (Arbitration) New York City Bar Association, Arbitration Committee

See IMI Feedback Digest

Training and Education

ICSID/World Bank Training Webcast for Investor-State Dispute Mediation, February 2018; Harvard Program on Negotiation Master Class, November 2016 (Certificate); R.H. Mnookin, Harvard Program on Negotiation Webcast "Bargaining With the Devil", July 2016;  Harvard Program on Negotiation, Fall 2013 (Certificate); Center for Understanding in Conflict, 4-Day Intensive Program, 2008;  New York Supreme Court Commercial Division Training Course, 2009.

 

Reading in Negotiation and Dispute Resolution Literature: 

 

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;  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  Engagements:  AAA/ICDR Lecture Series: Disclosure and Conflicts Issues in Third-Party Funding: Arbitrator and Counsel Perspectives (February 2018); Toronto Commercial Arbitration Society Member Certification Course (Topic: Arbitrator Disclosure and Conflicts of Interest), November 2017; Price Waterhouse Coopers Forum on Damages in International Arbitration, August 2017; Efficiency in International Arbitration, Toronto Commercial Arbitration Society Annual Meeting Program May 2017; 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, "A Glance Into History for the Emergency Arbitrator"; Toronto Commercial Arbitration Society Member Certification Course, November 2016;  International Arbitration Club of New York, April 2016, Supreme Court Arbitration Jurisprudence After Justice Scalia; AAA/ICDR Neutrals Conference, New Orleans, February 2016 : Arbitral Subpoenas; New York State Bar Association Annual Conference,January 2016, Judicial Intervention in the Arbitral Process; London International Arbitration Club, November 2015, Arbitral Power to Obtain Third-Party Evidence in the US;  The Fordham Conference on International Arbitration, New York, November 2015, Arbitration in the Banking and Finance Sector; College of Commercial Arbitrators Annual Conference, New York, October 2015, Program Chair and Moderator, The New Annotated Model Arbitral Witness Summons; New York International Arbitration Center, October 2015, Program Chair and Moderator, The New Annotated Model Arbitral Witness Summons;  ABA International Law Section Fall Meeting, Montreal, October 2015, Program Chair, The Wide World of Sports Mediation;  ABA International Law Section Spring Meeting, New York, April 2014, War and Peace: What Can Commercial Mediators Learn From Global Conflict Resolution?, New York International Arbitration Club, March 2014, New York's 'Separate Entity Rule" And Enforcement of Awards, Chartered Institute of Arbitrators, New York and Toronto, February 2014, Judicial Review of Investment Treaty Awards. 

Publications

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.

Recent book chapter contributions:  Arbitral Jurisdiction chapter in forthcoming Practicing Law Institute Treatise on Commercial Arbitration in the United States (July 2018); Non-Party Discovery Chapter in College of Commercial Arbitrators' Guide to Best Practices in Commercial Arbitration, 4th edition (November 2017).

Articles (non-exhaustive list) "A Glance Into History for the Emergency Arbitrator," 40(3) Fordham International Law Journal 779 (2017); "Living (or Not) with the Partisan Arbitrator: Are There Limits to Deliberations Secrecy?", 32(4) Arbitration International 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 International Commercial Disputes Committee and the Arbitration Committee of the New York City Bar Association - Marc J. Goldstein Principal Author), 26 Amer. Rev. of International Arbitration 3 (2015); "Annulled Awards in the U.S. Courts: How Primary Is 'Primary Jurisdiction'?"; 25 Amer. Rev. of International Arbitration 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 Amer. Rev. of International Arbitration 1 (2013);"Should the Real Parties in Interest Have to Stand Up? -- Thoughts About a Disclosure Regime for Third-Party Funding in International Arbitration,"(TRANSNATIONAL DISPUTE MANAGEMENT, Special Issue, November 2011); "Arbitral Cost Allocation: Should Guidelines Accompany Discretion?" 2011 AAA Yearbook on Arbitration and the Law (23rd Edition). 

Compliance

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.

Self-insured.

Contact
Marc
Goldstein
Marc Goldstein
12127998605
19174981230
Mediator and Arbitrator
MJG Arbitration & Mediation
One Rockefeller Plaza
11th Floor
New York
New York
10020
United States