Marc J. Goldstein - Arbitrator and Mediator Recent Significant Cases

Recent Significant Cases

Aviation

    • Co-arbitrator in two ICDR Rules cases involving issues under Article 2 of the Uniform Commercial Code (U.C.C.) relating to private aircraft purchasers’ claims against seller-manufacturer
    • Consultant on Article 2 of U.C.C. in Canadian litigation relating to private aircraft purchase and sale
    • Sole arbitrator under LCIA Rules in dispute over private aircraft leasing contract
    • Sole arbitrator under AAA Commercial Rules in dispute over helicopter time-sharing contract
    • Mock arbitrator for prominent U.S. aircraft manufacturer in preparation for international arbitration relating to aircraft parts quality issues

Business Commercial

    • Chair of ICDR arbitral tribunal in $300+ million dispute regarding minority shareholder corporate governance rights based on private equity investment
    • Sole arbitrator in $17 million M&A ICDR shareholder earnout dispute involving enterprise software matter
    • Chair of ICDR arbitral tribunal in $50+ million energy sector electric power delivery case
    • Emergency arbitrator in CPR international law firm partnership dispute involving partner compensation
    • Chair of arbitral tribunal under AAA Commercial Rules in dispute involving electricity supply/distribution contract
    • Sole arbitrator in dispute involving franchisee compliance with restaurant franchise agreement
    • Sole arbitrator in ICDR Rules arbitration over investment banking fees for reverse merger of U.S. and China companies
    • Co-arbitrator in ICDR Rules arbitration involving termination of retail franchise agreement for consumer electronics
    • Co-arbitrator in ICDR Rules dispute regarding private bank liability to customer for alleged account mismanagement
    • Chair of arbitral tribunal in ICDR Rules dispute among beneficiaries of trust organized under religious law
    • Co-arbitrator in AAA Commercial Rules case concerning operation of transportation logistics company
    • Chair of arbitral tribunal under AAA Commercial Rules in dispute involving post-closing adjustments in merger and acquisition (M&A) transaction
    • Chair of arbitral tribunal in dispute under ICDR Rules over majority-minority investor interests in electricity cogeneration facility
    • Mediated alleged legal malpractice dispute in M&A advisory context
    • Mediated dispute regarding fees allegedly due investment banker on successful completion of corporate merger
    • Mediated dispute involving scope of alleged defects in industrial machinery equipment and allocation of responsibility regarding the same
    • Mediated syndicated loan facility dispute involving alleged fiduciary obligations of syndicate manager toward lenders not participating in restructuring of facility
    • Mediated dispute involving ability of nonprofit to comply with terms of loan agreement
    • Mediated joint venture dispute involving claims of misappropriation and corporate waste
    • As an advocate, handled dispute under SIAC Rules on behalf of European entrepreneur against Chinese governmental entity based on alleged interference with profit-sharing and collaboration agreement for presentation of opera
    • As an advocate, conducted ICDR Rules arbitration for U.S. rare earth minerals merchant in dispute with Asian supplier

Engineering & Construction

    • Chair of ICC arbitral tribunal in $130+ million dispute involving mining infrastructure FIDIC construction contract
    • Co-arbitrator in ICC arbitration involving state-investor project finance contract for national utility infrastructure development (coal-generated electric power)
    • Co-arbitrator in $400+ million ICC engineering, procurement and construction (EPC) contract case involving oil exploration equipment for state-owned energy company
    • Co-arbitrator in ICDR international arbitration concerning alleged trade secrets misappropriation in design/development of U.S. hydrogen-generation facilities
    • Co-arbitrator in ICC Rules arbitration over construction of outdoor theatrical stage sets
    • Mediated U.S.-Canada cross-border litigation dispute over manufacturing defects in specialized HVAC parts
    • As an advocate, represented U.S. real estate development firm before the Iran-U.S. Claims Tribunal in arbitration over expropriation of luxury apartment complex under development in Tehran at time of 1979 Islamic Revolution
    • As an advocate, represented U.S. purchaser of foreign-manufactured machinery suite for production of concrete draining units for highway construction

Insurance

    • Co-arbitrator in consolidated arbitration of several dozen disputes under AAA Commercial Rules brought by mortgage insurance policyholders claiming wrongful denial of insurance coverage
    • Mediated dispute between medical center and insurance provider over insurance reimbursement rates
    • Mediated insurance coverage disputes and interpretation of reinsurance agreements
    • As an advocate, represented major life insurance company in multiple arbitrations relating to alleged unlawful sales practices

Intellectual Property

    • Co-arbitrator in ICDR trade secrets matter involving $50+ million joint venture relating to clean energy plant engineering
    • Sole arbitrator in ICC Rules patent license dispute involving royalty calculations
    • Mediated performance rights trademark infringement matter involving scope of license of rights in public television program content
    • As an advocate, represented professional sports league in antitrust law cases relating to control of broadcast rights
    • As an advocate, represented holder of copyright renewal term rights in copyright dispute over musical composition
    • As an advocate, represented software developers in multiple arbitrations over alleged misuse in excess of rights granted to licensee
    • As an advocate, represented software developer in payment dispute under software development contract relating to sufficiency of software developer performance

Life Sciences

    • Chair of LCIA arbitral tribunal in international pharma patent royalty dispute under
      German law relating to U.S. FDA grants of regulatory exclusivity
    • Chair of ICC Rules arbitral tribunal in multinational dispute over sufficiency of licensee efforts to sell and distribute antibiotic compound
    • Co-arbitrator in CPR non-administered $100+ million pharma patent license/product development royalty matter
    • Chair of ICDR arbitral tribunal relating to pharma licensing development antitrust patent indemnification case
    • Sole arbitrator in ICDR arbitration over U.S. distribution of foreign-made innovative cardiovascular medical devices
    • Chair of ICC tribunal in dispute involving $50 million joint venture pharma manufacturing matter
    • As an advocate, conducted ICC Rules arbitration for U.S. pharmaceutical company whose investment in former Yugoslavia pharma manufacturing sector was expropriated
    • As an advocate, conducted multiple ICDR Rules arbitrations for New York-based pharma R&D public company focused on FDA-approved oncology drugs; also designed an ADR process for technical experts to resolve disputes over Good Manufacturing Practices (GMP) between client and contract manufacturers

Securities and Financial Markets

    • Co-arbitrator in ICDR Rules arbitration dispute involving valuation of $1 billion joint venture put option in food and beverage industry
    • Chair of arbitral panel in AAA Commercial Rules dispute over pension fund investment in asset-backed securities
    • Co-arbitrator in ICDR Rules arbitration concerning shareholder interests in cryptocurrency startup
    • Co-arbitrator in ICDR Rules arbitration over private bank liability to customer for losses in Bernie Madoff-related investments
    • Co-arbitrator in ICDR Rules dispute between U.S. and Saudi Arabian parties over alleged fraud in sale of foreign exchange-based investments
    • Mediator in ICC-administered mediation of international “alternative finance” lender liability dispute
    • Sole arbitrator in multiple AAA Commercial Rules arbitrations over alleged unauthorized trading by account managers at brokerage firms
    • Co-arbitrator in ICDR-administered arbitration over alleged misappropriation of assets held in U.S. accounts of foreign bank customers

Technology

    • Cases identified above related to a wide variety of technologies. including mainframe-to-cloud data migration, cryptocurrency brokerage startup, ground transportation logistics, wireless telecom tower development and leasing, drug compound manufacturing practices, engineering and design of power plants in clean energy and fossil fuel energy facilities, engineering and design of fossil fuel exploration equipment, quality control and maintenance of jet aircraft components, biotech IP issues from R&D efforts on patent-licensed compounds, and tech aspects of software development