On the occasion of the ICDR’s 11th Annual Practice Moot and Lecture Series, on February 23, 2018, Mr. Goldstein together with Hogan Lovells arbitration partner Samaa Haridi delivered remarks about arbitrator disclosure and conflict of interest issues implicated by third-party funding for arbitration. Mr. Goldstein in 2001 was one of the first US attorneys to represent a funded party in an international arbitration. He first published comments on the disclosure issues in a 2011 article in Transnational Dispute Management, which may be found on the Publications page of this website.
Archive for the ‘Uncategorized’ Category
On January 30, 2018, Mr. Goldstein was appointed as mediator of a pending international arbitration dispute by the AAA’s International Centre for Dispute Resolution. More information about Mr. Goldstein’s Mediation practice and links to his AAA Mediation Resume and his International Mediation Institute profile may be found on the home page of this website.
Mr. Goldstein has been re-appointed to the international arbitrator and mediator roster of the Hong Kong International Arbitration Centre (HKIAC) for a five-year term expiring in December 2022. Mr. Goldstein is one of 13 New York-based US specialists in international arbitration included in the HKIAC Panel of Arbitrators. HKIAC, per its website, has the largest caseload involving Chinese parties among all international arbitral institutions, and is ranked the third most preferred and used arbitral institution worldwide.
Marc Goldstein has been inducted into the National Academy of Distinguished Neutrals (“NADN,” www.nadn.org). Mr. Goldstein becomes the 31st member of NADN based in New York City, and only the 5th NADN member in New York City whose practice is focused on international commercial arbitration. According to its website, NADN “is an association whose membership consists of ADR professionals distinguished by their hands-on experience in the field of civil and commercial conflict resolution, and by their commitment to the practice of alternative dispute resolution. Membership is by invitation only and limited to top mediators and arbitrators who have proven experience in the field.”
In November 2017, Mr. Goldstein was appointed as the Sole Arbitrator in an international dispute in the solar energy sector that is being administered by the AAA’s International Centre for Dispute Resolution.
On November 8, 2017 in Toronto, Mr. Goldstein joined three prominent Toronto international arbitrators (Louise Barrington, William Horton, Joel Richler) in teaching a course on arbitrator ethics in the Toronto Commercial Arbitration Society’s Gold Standard © Course in Commercial Arbitration. Mr. Goldstein’s presentations focused on arbitrator disclosure obligations and pre-appointment interviews. A video supplement to the live class was prepared. If you have an interest in viewing the video, please contact Mr. Goldstein.
Mr. Goldstein has been selected once again by Who’s Who Legal global survey as one of the leading international arbitrators in the US market. Who’s Who Legal states that “nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.” Mr. Goldstein’s biographical listing in Who’s Who Legal is linked here.
Mr. Goldstein contributed a new chapter on non-party evidence-gathering in the just-published fourth edition of the College of Commercial Arbitrators (CCA) Guide to Best Practices in Commercial Arbitration (Juris Oct. 3, 2017). Mr. Goldstein in 2015 had a leading role in preparing the New York City Bar Association’s “Model Federal Arbitration Summons to To Testify and Present Documentary Evidence at an Arbitration Hearing” and has lectured and moderated several programs on the subject on non-party evidence.
The Tribunal that I have chaired since September 2016 has completed its work and issued its award on August 11, 2017. We were pleased to be able to manage a highly complex case — in which 26 separate Procedural orders were issued — from constitution of the Tribunal to Final Award in eleven months.
My summer reading on mediation through early August 2017 has included (1) Mediating Justice: Legal Dispute Negotiations (2d edition, Kluwer) by the Hon. George W. Adams, Q.C., an comprehensive and insightful work by one of Canada’s pre-eminent commercial mediators, and (2) The Two-State Delusion: Israel and Palestine–A Tale of Two Narratives by Prof. Padraig O’Malley, a balanced assessment of the negotiation strengths and weaknesses of each party in one of history’s most protracted and complex geopolitical conflicts.