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Marc Goldstein

Perennial recipient of elite-level ranking of US international arbitrators in Chambers Global and Chambers USA, Lexology Index ("Highly Recommended" for International Arbitration), and Lexology Index USA "Thought Leader" for International Arbitration


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IMI Certified Mediator
Canada, Hong Kong, Israel, United Kingdom, United States
Alberta, British Columbia, Ontario, Quebec
California, Connecticut, Delaware, Florida, Massachusetts, New Jersey, New York, Pennsylvania, Washington DC
Construction, Copyright and IP, Corporate, Finance, International, Technology
English
Evaluative, Facilitative
Yes
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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 | MJG 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 over 120 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 international commercial, construction, project finance, financial products, financial services, corporate governance, life sciences, insurance and M&A sectors.
>100 cases as mediator. Has been 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 $1150 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 2006-2025 (Arbitrator and Mediator Rosters, Commercial and International); CPR Distinguished Panels of Neutrals (National, International, Banking & Finance, Sports & Entertainment, Life Sciences) ICC US Arbitration Committee (Member) and ICC Arbitrator Database; Silicon Valley Arbitration & Mediation Center TechList; 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, Silicon Valley Arbitration & Mediation Center
Training and Education
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 and Teaching Engagements:  2026 California International Arbitration Week, “Battling ASIs, AASIs and AEIs: The Impact of Sanctions on Arbitrations,” March 2026 2026 Toronto Commercial Arbitration Society, Gold Standard Course on Commercial Arbitration, presentation on tribunal power to regulate counsel conduct, February 2026 Osgoode Hall Law School, Toronto, Professional Development Program, presentation on introduction to Investor-State arbitration, November 2025 2025 New York Arbitration Week, Mock U.S. Supreme Court Oral Argument (participation as mock associate justice), hearing oral argument on the availability in U.S. courts of forum non conveniens as a defense to enforcement of arbitral awards under the New York ConventionNovember 2025 2025 California International Arbitration Week, College of Commercial Arbitrators panel on “International Award Drafting: New Thinking and Best Practices,” March 2025 2024 New York Arbitration Week, moderator of program on non-party evidence in arbitration, November 2024 2024 College of Commercial Arbitrators (CCA) Annual Conference, moderator of program on arbitral subpoenas and related presentation to International Subcommittee, October 2024 College of Commercial Arbitrators (CCA), webinar panelist, “Getting It Right: Issues on Legal Research By Tribunals,” June 2024 Osgoode Hall Law School, Toronto, professional development program, November 2023 (arbitrator selection) Canada Arbitration Week, Chartered Institute of Arbitrators, keynote address, “Arbitrators Under Attack,” October 2023 Toronto Commercial Arbitration Society Annual Meeting, panel on arbitral power to impose sanctions, May 2023
Publications
Arbitration Commentaries (http://arbblog.lexmarc.us), 2009–2026, blog format website with more than 250 essays on developments and issues in international and U.S. domestic commercial arbitration Chapter 9: “Summoning Non-Party Witnesses,” in The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration, (Juris, 5th Ed. 2025) New York City Bar Association Annotated Model Federal Arbitration Summons to Testify and Present Evidence at an Arbitration Hearing, 2024 update and 2015 original version; 2024 update republished at 34 Rev. Int’l Arb. No. 3 (2024); original version republished at 26 Am. Rev. Int’l Arb. No. 1 (2015) (principal drafter) Conference Paper, “Arbitrators Under Attack,” delivered as Chartered Institute of Arbitrators Keynote Address of Canada Arbitration Week (October 2023), publication forthcoming in Arbitration International, the journal of the London Court of International Arbitration New York City Bar Association, Report of the Arbitration Committee, “The Functus Officio Problem in Modern Arbitration and a Proposed Solution” (April 2021) (co-principal drafter with Richard F. Ziegler) Chapter 4: “Arbitrability & Jurisdiction,” in Arbitrating Commercial Disputes in the United States (Practising Law Institute (PLI), 2d ed. 2020 and 1st ed. 2018) “The Daesang Decision: New York’s Manifestly Misunderstood Law on Vacating Awards,” ICC Disp. Res. Bull. (Winter 2018-2019) “Deciphering DeGusa: The Enforcement in U.S. Courts of International Arbitration Awards Against Alter Egos of the Award-Debtor,” 29 Am. Int’l Arb. No. 4 (2018) “A Glance Into History for the Emergency Arbitrator,” 40(3) Fordham Int’l L.J. 779 (2017) (a paper originally included in the conference papers of the 2016 Fordham Conference on International Arbitration) “Living (or Not) with the Partisan Arbitrator: Are There Limits to Deliberations Secrecy?”, 32(4) Int’l 589 (2016) “Annulled Awards in the U.S. Courts: How Primary Is ‘Primary Jurisdiction’?”; 25 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 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)
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.

Lloyd's Arbitrators and Mediators Professional Liability Policy

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Marc Goldstein
Mediator and Arbitrator
MJG Arbitration | Mediation
United States
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