Mr. Goldstein has been engaged since November 2014 as presiding arbitrator of a three-member tribunal hearing an international pharmaceutical contract dispute under the Rules of Arbitration of the International Chamber of Commerce (ICC). Mr. Goldstein has experience both as arbitrator and as counsel in the international pharmaceutical sector. In August 2014 he completed an extended engagement as arbitration counsel to a U.S. pharma developer in a dispute with an Asian partner, completing a mediated settlement that preceded merits hearing and followed submission of extensive expert reports evaluating the market for a drug marketed in the US but still under development in the Asian market.
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Mr. Goldstein has been newly engaged to resolve a software licensing dispute as counsel to a European technology firm that is adverse to a large US multinational. This new engagement fits within the profile, described on the home page of this website, or Mr. Goldstein’s engagement as counsel for disputes in the range of $5 million to $50 million US that clients having such disputes may prefer to have handled outside a large law firm, and that some large law firms may prefer not to handle.
Global Arbitration Review (GAR) announced on August 29, 2014 that Mr. Goldstein has once again been selected by its research with clients and peers as one of the world’s leading arbitration specialists. Such recognition will be acknowledged by the listing of Mr. Goldstein in GAR’s Who’s Who Legal: Arbitration 2015 and Who’s Who Legal: Compendium Edition. Of the 33 New York-based arbitration specialists so recognized by GAR who practice as both arbitrators and arbitration counsel, only four practice in firms having fewer than 500 attorneys, and only one, Mr. Goldstein, is in an individual practice as both counsel and arbitrator.
Mr. Goldstein’s article entitled “Annulled Awards in the U.S. Courts: How Primary Is Primary Jurisdiction” appears in Volume 25 No. 1 of the American Review of International Arbitration. A PDF copy of that article can be found by clicking on the “Publications” link on this website.
Mr. Goldstein’s new article ‘Annulled Awards in the U.S. Courts: How Primary is Primary Jurisdiction‘ has been accepted for publication in the American Review of International Arbitration, where it will appear in the next issue scheduled for release in late August or early September 2014.
Mr. Goldstein is presently sitting as chair of the arbitral tribunal in a case under the AAA Commercial Arbitration Rules between the purchaser and sellers of asset-backed securities.
Mr. Goldstein is newly engaged as mediator of a shareholder dispute in an action in the Commercial Division of New York Supreme Court. Mr. Goldstein has been active as a mediator on the Commercial Division roster since 2009.
Mr. Goldstein will serve as Program Co-Chair, with Kathleen Scanlon, for the Annual Conference of the Dispute Resolution Section of the New York State Bar Association, to be held in New York on October 20, 2014. Mr. Goldstein has been a member of the Executive Committee of the Dispute Resolution Section of the State Bar since 2011.
Mr. Goldstein is presently engaged as counsel in an ICDR-administered arbitration under the new AAA Commercial Rules involving a pharmaceutical development agreement. The dispute is between US and Asian parties and is being heard in New York by a three-member Tribunal. Mr. Goldstein represents the US party, the Claimant in the proceedings. Mr. Goldstein also represented the same party in related litigation in which an attempt was made to enjoin the arbitration.
Mr. Goldstein recently completed service as Chair of a three-member tribunal seated in London and applying in tandem the UK Arbitration Act 1996 and the AAA Commercial Rules. The underlying dispute was in the hospitality sector. The Tribunal confronted issues arising from issuance of anti-arbitration injunctions by courts having jurisdiction over the property but not over the arbitration.