Marc J. Goldstein
Marc J. Goldstein
2218 Broadway #102
New York, NY 10024
USA
Now in his 20th year as a neutral focused on complex business disputes, international and domestic, Mr. Goldstein has served in more than 120 cases as an arbitrator and more than 100 cases as a mediator. Since 2012 he has been peer-review ranked each year as one of America’s leading international arbitrators in Chambers Global and Chambers USA, and is also peer-recognized in 2025 (as in all prior years since 2010) as a leading US-based international arbitrator in the rankings of Who’s Who Legal (now Lexology), which has also bestowed its coveted Thought Leader recognition. Mr. Goldstein is also recognized annually by New York Super Lawyers and Best Lawyers in America. Mr. Goldstein’s arbitration experience includes service as Chair, Sole Arbitrator, Co-Arbitrator and Emergency Arbitrator in cases under CPR, ICC, LCIA, ICDR, and AAA Commercial Rules. He practiced with Proskauer Rose (1980-2003) in New York and Paris, and with Hodgson Russ (2004-2007) in New York and Toronto, and led the international arbitration practice at each firm. He has been appointed by CPR to the following CPR Panels: National, International, Accounting, Banking & Finance, Sports & Entertainment. His Arbitration Commentaries “blog” (http://arbblog.lexmarc.us) since 2009 has reached a wide audience with essays on developments in arbitration law and practice
Places emphasis on early appreciation of the merits and opportunities for early clarification of the issues in dispute. Believes that the arbitrator should be fully prepared arbitrator at all stages of the case, and not only on the eve of the merits hearing, so that opportunities for more effective and efficient dispute resolution are not missed.
Proskauer Rose LLP, 1980-2003 (Leader of International Arbitration Practice, 1999-2003); Hodgson Russ LLP, 2004-2007, Leader of International Arbitration Practice.
Professional and Community Memberships:
Honors Conferred: Lexology Thought Leader (2025); Peer-review ranked by Chambers Global, Chambers USA, Lexology, Best Lawyers in America, as leading international arbitrator in the USA. Inclusion annually in rankings of each of these peer review publications at least each of the last 12 years.
Elected: American Law Institute (Members' Consultative Group for Restatement (Third) of The U.S. Law of International Commercial Arbitration, 2010-2020, project completed); International Arbitration Club of New York; International Institute for Conflict Resolution (CPR) Arbitration Committee; Silicon Valley Arbitration and Mediation Centre; Committee on International Commercial Disputes, New York City Bar Association (2011-2017, 2019-present); College of Commercial Arbitrators (Fellow); Chartered Institute of Arbitrators (Fellow); London International Arbitration Club; Toronto Commercial Arbitration Society; American Bar Foundation (Fellow), National Association of Distinguished Neutrals.
Voluntary: London Court of International Arbitration (North American Users' Council); International Council on Commercial 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
AAA/ICDR International and Large/Complex Case Rosters, CPR Panels of Distinguished Neutrals (Banking & Finance, Accounting, Sports & Entertainment, Life Sciences), ICC database, LCIA database, Vancouver International Arbitration Centre, Singapore International Arbitration Centre, Hong Kong International Arbitration Centre, Korea Commercial Arbitration Board, Asia-Pacific International Arbitration Chamber
• Tribunal Chair, ICDR $350 million LatAm telecoms/private equity shareholder dispute. This is a publicly known case. All of the five Partial Final Awards were published in Global Arbitration Review ~ March 27, 2025 and in Transnational Dispute Management a few days later. These awards, having been made public, are now uploaded on my website www.lexmarc.us and I have reported them to JusConnect but they are not yet on my JusConnect case roster. 2021-present.
• Tribunal Chair, LCIA Life Sciences Global License Royalty Term dispute. This is a confidential LCIA award involving interpretation of the provisions in a patent license and development agreement, in the pharma sector, concerning the duration of royalty obligations. Final Award issued. German law. (Germany, Ireland, USA), 2023-2025.
• Sole Arbitrator, ICC $50 million medical technology distribution dispute. This arbitration remains confidential, involved North American distributor performance for device used in surgical procedures. Final Award issued. (US-Israel). 2020-2022.
• Co-Arbitrator, CPR non-administered $400 million life sciences patent license dispute. This is a quasi- public case between an affiliate of Johnson & Johnson (Jantzen) and the Danish pharma firm Genmab. The outcome was announced in press releases by the Parties but I do not believe the Award has been published. 2020-2022.
• Tribunal Chair, ICC $10 million indemnification dispute from life sciences patent license/marketing practices. Confidential. Final Award issued.(US-Japan). 2021-2023.
• Tribunal Chair in AAA Commercial Rules dispute under Florida law re electricity supply/distribution contract. Non public (US domestic). 2023.
• Sole Arbitrator in AAA Commercial Rules dispute over franchisee compliance with restaurant franchise agreement. Non-public (USA domestic). 2022-23.
• Sole Arbitrator, ICDR Information Technology M&A Dispute under Delaware law. Ongoing case that is confidential. (US-Israel), 2024-25.
• Co-Arbitrator, ICDR $1.4 Billion consumer products business valuation dispute. The existence of this case is public. It is SCLiquor v. Empire Investments, and one of our Partial Final Awards is published on Jus Mundi. One or both parties issued press releases announcing the settlement of the dispute prior to a Final Award. The Claimant was a dba for the celebrity musician-investor Jay Z, in a dispute over value of minority interest in a venture for branding and promotion of cognac. 2022-2023.
• Co-Arbitrator, ICC $20 Million energy infrastructure project finance dispute (Investor vs State). The existence of this case is public and it is found on Jus Mundi as Contour Global v. Kosovo. However it does not appear that the Award has been published although it may be publicly available from the docket of the UK High Court. The dispute concerned obligations of the Parties upon termination of a contract for the development of a new State-owned electric power generation facility. 2022-2023.
• Tribunal Chair, ICC $125 Million mining infrastructure construction contract (FIDIC) dispute. This case involved contractor claims for damages resulting from mine owner's termination of contract for construction of a dedicated railroad line. The case is public and is found on Jus Mundi as TEBC v. Baffinland. It appears that the court judgments in Ontario, confirming the Award, have been published but not the Award itself. 2019-2021.
• Tribunal Chair, ICDR $100 million petrochemical industry power supply dispute. This is a settled case that remains confidential. The subject matter was alleged overcharges for the supply of electric power to petrochemical plant customers. 2021-2022.
• Co-Arbitrator, ICC $500 million energy exploration equipment construction dispute (contractor v State-owned enterprise). This case is public, reported on Jus Mundi as IESA v. Tupi and Petrobras, and the Partial Award on liability and damages is linked on Jus Mundi. 2018-2020.
• Co-Arbitrator, ICDR $60 million construction technology trade secrets dispute. A confidential arbitration concerning alleged misappropriation of trade secrets for design and engineering of clean energy manufacturing plants. Resolved by settlement after Tribunal ruling on motions for early disposition. Non public. (US affiliates of German companies), 2023-2024.
• Emergency Arbitrator, CPR, global law firm partnership agreement dispute. This case is public and is found on Jus Mundi as Dentons v. John Zhang. One order is linked but the Awards are not linked. I am not aware if the Awards are on public dockets in the Courts of New York and California where proceedings relating to the Awards were held. 2021.
• Tribunal Chair, ICC $50 million claim for damages in termination of pharma-biotech joint venture. The existence of the case and existence of the Final Award are public, found on Jus Mundi as Procaps v. Patheon. But I am not aware that the Award has been published. 2017-2018.
• Tribunal Chair, ICC $45 million claim for damages for alleged failure of licensee/distributors of antibiotic drug to adequately promote and sell. The existence of the case is public and is found on Jus Mundi as LG Life Sciences v. Chiesi. Two awards were issues, one on jurisdiction, the other on merits. However to my knowledge the awards have not been published. 2016-2017.
• Tribunal Chair in AAA Commercial Rules dispute over pension fund investment in asset-backed securities.Non public (USA domestic). 2016.
• Co-arbitrator in ICDR Rules arbitration over termination of retail franchise agreement for consumer electronics. The case is public and found on Jus Mundi as General Wireless Operations v. Berjaya et al. A Final Award was rendered but it is not public. 2017-2018.
• Co-arbitrator in ICDR Rules dispute (US-Canada) under New York law concerning shareholder interests in cryptocurrency startup. Settled after first procedural conference. Not public. 2019.
• Co-arbitrator in ICDR Rules dispute under Florida law over private bank liability to customer for investment losses in Madoff-related investments. Not public. 2013-2014.
• Co-arbitrator in ICDR Rules dispute under Florida law over private bank liability to customer for account mismanagement. 2012.
• Co-arbitrator in ICDR Rules disputes under Georgia law over private aircraft purchaser claims against seller-manufacturer. Two cases involving same manufacturer-seller but different customers. Not public. 2015.
• Co-arbitrator in AAA Commercial Rules dispute brought as mass action by mortgage insurance policyholders claiming wrongful denial of insurance coverage. Non public. . (US domestic). 2013.
• Co-Arbitrator in ICDR Rules dispute over alleged fraud in sale of foreign exchange-based investments. (US, Saudi Arabia). Found on Jus Mundi as New York Financial LLC v. Musalli. Three awards are published there. ~2008.
• Tribunal Chair in ICDR Rules dispute among beneficiaries of a Trust organized under religious law. Not public. ~2008.
• Tribunal Chair in AAA Commercial Rules dispute over post-closing adjustments in M&A transaction. Not public. (US domestic). ~2014.
• Tribunal Chair in ICDR Rules dispute over majority-minority investor interests in electricity cogeneration facility. Not public. (US-Japan) ~2013.
• Sole arbitrator in ICC Rules patent license dispute involving royalty calculations - Claimant was a large South Korea company and Respondent a US licensee but I have no further record of the case which dates from about 2009.
Published Awards:
1. Awards in the Terra Towers case (Chair of Tribunal, principal drafter) - https://www.lexmarc.us/wp-content/uploads/2025/06/Terra-TBS-Arbitration-Fifth-Partial-Final-Award-3.24.25-Final-Executed-1.pdf
2. Dentons v. John Zhang (Emergency Arbitrator, sole drafter) - https://jusmundi.com/en/document/decision/en-dentons-us-llp-v-jinshu-john-zhang-final-award-on-the-claimants-application-for-emergency-measures-of-protection-thursday-10th-june-2021#decision_18140
3. IESA v. Tupi/Petrobras Case (John Judge, Chair, principal drafter) - https://jusmundi.com/en/document/decision/en-icc-case-id-no-1144-wednesday-1st-may-2019#decision_8062
4. SC Liquor v. Empire Investments (Daniel Schimmel, Chair, Principal Drafter) - https://jusmundi.com/en/document/decision/en-scliquor-llc-v-empire-investments-inc-first-partial-award-sunday-1st-may-2022#decision_38840
- https://jusmundi.com/en/document/decision/en-scliquor-llc-v-empire-investments-inc-second-partial-award-wednesday-1st-june-2022#decision_38841
- https://jusmundi.com/en/document/decision/en-scliquor-llc-v-empire-investments-inc-third-award-thursday-1st-september-2022#decision_38842
- https://jusmundi.com/en/document/opinion/en-scliquor-llc-v-empire-investments-inc-dissenting-opinion-of-marc-goldstein-thursday-1st-september-2022#opinion_3003
- https://jusmundi.com/en/document/decision/en-scliquor-llc-v-empire-investments-inc-fourth-partial-final-award-wednesday-14th-december-2022#decision_56090
Founder (2009) of Arbitration Commentaries website (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:
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); "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."
Recent Speaking and Teaching:
California International Arbitration Week Panel on Award Drafting Best Practices (March 2025); New York Arbitration Week Program on Non-Party Evidence in Arbitration (Nov. 2024); College of Commercial Arbitrators Annual Conference, Moderator of Program on Arbitral Subpoenas and related Presentation to International Subcommittee (Oct. 2024); College of Commercial Arbitrators Webinar Panelist: "Getting It Right: Issues on Legal Research By Tribunals" (June 2024); Osgoode Hall Law School, Toronto, Prof'l Dev. Program, Nov. 2023 (Arbitrator Selection); Canada Keynote Address of Canada Arbitration Week: "Arbitrators Under Attack" (Oct. 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); (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); Osgoode Hall Law School, Toronto, Prof'l Dev. Program, Nov. 2020 (Arbitrator Selection, Procedural Conference Techniques); CPR Canada Program of Canadian Arbitration Week (Emergency Relief for Asset Protection), September 2020; ABA Int'l Section Annual Moscow Conference (Virtual) (Corruption in Investment Arbitration), Sept. 2020; ICC Annual N.Y. Conference, Oct. 2019 (Finality of Awards).