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Marc J. Goldstein

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    Biography
    General Biography
    Practice Areas & Industries
    Aviation
    Business Commercial
    Engineering & Construction
    Insurance
    Intellectual Property
    International & Cross Border
    Life Sciences
    Securities
    Honors, Memberships, and Professional Activities
    Background and Education

    Marc J. Goldstein is a prominent international arbitrator, perennially highly ranked in leading peer review publications, including Chambers Global, Chambers USA, Lexology Index and Best Lawyers in America. Recognized widely as a thought leader in ADR, notably for his writing on the Arbitration Commentaries blog, where he has published hundreds of essays on ADR since 2009, he has engaged exclusively as a neutral since 2016, arbitrating and mediating complex business and commercial disputes, both foreign and domestic. Prior to that time, he engaged for 35 years in the private practice of arbitration and litigation, adding service as an ADR neutral to his work beginning in 2005. His experience as an ADR professional is multifaceted; he has served as a chair of arbitral tribunals, sole arbitrator, co-arbitrator, emergency arbitrator, mediator and consultant in mock arbitration exercises.

    Mr. Goldstein is a Fellow of the College of Commercial Arbitrators (FCollArb) and a Fellow of the Chartered Institute of Arbitrators (FCIArb). He is also a member of the American Law Institute (ALI), and he served in the Members Consultative Group for the ALI Restatement (Third) of the U.S. Law of International Commercial and Investor-State Arbitration.

    Chambers peer-review comments describe him as “one of the top international arbitrators in New York” and as “someone that you would consider for the most challenging and sophisticated cases.” They note that he possesses “a deep knowledge of the arbitration law and practice” and a “super sharp mind.” Lexology Index (formerly Who’s Who Legal) recognized Mr. Goldstein as a Thought Leader – USA in the area of arbitration in 2025–2026 and included him in the newly constituted Highly Recommended ranking tier in 2026. Its reviewers note that he is a “fantastic sole arbitrator” with “a great legal mind” who issues “well-reasoned, strong opinions.” He gained admission in 2025 to the Tech List® of the Silicon Valley Arbitration & Mediation Center (SVAMC), a peer-vetted list that SVAMC refers to as “exceptionally qualified arbitrators and mediators known globally for their experience and skill in crafting business-practical legal solutions in the technology sector.”

    Mr. Goldstein brings to his ADR practice skills, patience and creativity honed over years of participating in more than 120 arbitrations (and a nearly equal number of mediations). He has presided as an arbitrator in international cases involving the rules of, among others, the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), CPR Dispute Resolution Services (CPR) and the London Court of International Arbitration (LCIA). In his prior and parallel career as an advocate, he handled high-value disputes in federal and state courts in such diverse fields as antitrust, securities, copyright, real estate, insurance, corporate governance and corporate finance. His work as an advocate in arbitration included arbitrations involving states/state-owned enterprises before the Iran-United States Claims Tribunal (including a prominent matter involving claims against the government of Iran for alleged damages suffered in connection with the development of a large Iranian housing project), as well as before tribunals constituted under ICC Rules and the Rules of the Singapore International Arbitration Centre (SIAC). His advocacy work in arbitration, international and domestic, included cases under the rules of the Danish Institute of Arbitration (DIA), National Association of Securities Dealers (NASD), New York Stock Exchange (NYSE), ICC and ICDR.

    His legal experience spans a number of practice areas, including aviation, banking and finance, complex business/commercial, construction/engineering, employment/executive compensation, securities and financial markets, insurance/reinsurance, intellectual property (copyright, patent and trademark), life sciences and information technology, among others.

    Before joining JAMS in 2026, Mr. Goldstein practiced independently as MJG Arbitration & Mediation, which he founded in 2007. Prior to establishing his firm, 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.

    Mr. Goldstein has gained inclusion in the following arbitrator/mediator rosters and databases: International Centre for Dispute Resolution (ICDR)(2005–2025), CPR Panel of Distinguished Neutrals (CPR), London Court of International Arbitration (LCIA), Vancouver International Arbitration Centre (VanIAC), Hong Kong International Arbitration Centre (HKIAC), Asian International Arbitration Centre (AIAC), Korea Commercial Arbitration Board (KCAB), Chicago International Dispute Resolution Association (CIDRA), Toronto Commercial Arbitration Society (TCAS), ICC North America (ICC), American Arbitration Association Large and Complex Case Roster (2005–2025), International Mediation Institute (IMI) and National Association of Distinguished Neutrals (NADN).

    The nationalities of parties (or the parent companies of U.S. affiliates) that have appeared before Mr. Goldstein in arbitrations and mediations, or were parties represented by him or adverse to his clients in disputes, include American, Canadian, Danish, Irish, French, Israeli, Serbian, German, Italian, Russian, Brazilian, Colombian, South Korean, Japanese, Chinese, Thai, Singaporean, Guatemalan, British (including those from the British Virgin Islands), Anguillan, Argentinian and Kosovar.

    Mr. Goldstein is a frequent speaker, author and educator on topics related to alternative dispute resolution, the details of which are provided below.

     

    Representative Matters

    • 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 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

    Honors, Memberships and Professional Activities

    Awards and Honors

    • Chambers and Partners, Global Guide, International Arbitration: Arbitrators | Global, 2016–2026
    • Chambers and Partners, USA Guide, International Arbitration: Arbitrators | USA, 2018–2025
    • Lexology, USA – Arbitration – Thought Leader, 2025–2026, and Arbitration – Highly Recommended, 2026
    • Who’s Who Legal, recommended for international arbitration, 2012–2024
    • Silicon Valley Arbitration & Mediation Centre (SVAMC), The Tech List®, 2025
    • Best Lawyers in America, International Arbitration – Commercial, 2008–2026
    • New York Super Lawyers, Alternative Dispute Resolution, 2013–2026

    Selected Professional Activities

    • Fellowships
      • College of Commercial Arbitrators (FCollArb), 2009–2026
      • Chartered Institute of Arbitrators (FCIArb), 1994–2026
      • American Bar Foundation, 2007–2026
    • Elected Memberships
      • American Law Institute, ~2010–2026, including 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, ~2008–2026
      • London International Arbitration Club, ~2006–2026
      • Toronto Commercial Arbitration Society, ~2009–2026
    • Memberships
      • Committee on International Commercial Disputes, New York City Bar Association, 2011–2017, 2019–2026
      • Committee on Arbitration, New York City Bar Association, 2017–2020
      • North American Users’ Council, London Court of International Arbitration, ~2010–2026
      • International Council on Commercial Arbitration, ~2010–2026
      • U.S. Arbitration Committee, International Chamber of Commerce, ~2000–2026
      • Committee D – Arbitration, International Bar Association, ~2000–2026
      • Advisory Board, Institute for Transnational Arbitration, Dallas, ~1995–2026
      • Swiss Arbitration Association, ~1995–2026
      • Institute D'Arbitrage Internationale, ~1995–2026
    • Arbitration Rosters
      • International Centre for Dispute Resolution (ICDR), 2005–2025
      • American Arbitration Association (AAA), Large and Complex Case Roster, 2005–2025
      • CPR Panels of Distinguished Neutrals (CPR), ~2009–2026
      • Vancouver International Arbitration Centre (VanIAC), 2021–2026
      • Hong Kong International Arbitration Centre (HKIAC), ~2015–2026
      • Asian International Arbitration Centre (AIAC), ~2015–2026
      • Korea Commercial Arbitration Board (KCAB), ~2019–2026
      • Japan Commercial Arbitration Association (JCAA), ~2019-2026
      • Chicago International Dispute Resolution Association (CIDRA), ~2008–2026
      • ICC North America (ICC) (database), ~2010–2026
      • London Court of International Arbitration (database), ~2020–2026

    Selected 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)

    Selected 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 Convention, November 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

    Background and Education

    • Founder, MJG Arbitration & Mediation, 2007–2026
    • Partner, Hodgson Russ LLP, 2004–2007
      • Leader of International Arbitration Practice, 2004–2007
    • Senior Counsel, Proskauer Rose LLP, 1980–2003
      • Leader of International Arbitration Practice, 1999–2003
    • Harvard Program on Negotiation (HPON)
      • Master Class, 2016
      • Basic Course, 2013
    • International Mediation Institute
      • Certification, 2015–2026
    • J.D., University of Virginia Law School, 1980
      • Board of Editors, Virginia Law Review
    • B.A., magna cum laude, Political Science, History, University of Pennsylvania, 1976

    Bar Admissions

    • U.S. Court of Appeals for the Second Circuit
    • U.S. District Court for the Southern District of New York
    • U.S. District Court for the Eastern District of New York
    • New York
    Locations

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