Fully-dedicated arbitrator. Perennial Recipient of elite level peer review ranking in Chambers Global, Chambers USA, Lexology Index, Best Lawyers in America, as leading international arbitrator. Active writer, speaker and teacher on arbitral law and practice. Creator/author of Arbitration Commentaries “blog” (http://arbblog.lexmarc.us), where he has written essays on arbitral law and practice since 2009.
Experience
Now in his 21st year as a neutral focused on complex business disputes, international and domestic, Mr. Goldstein has served in more than 120 cases as an arbitrator and more than 100 cases as a mediator. Since 2012 he has been peer-review ranked each year as one of America’s leading international arbitrators in Chambers Global and Chambers USA, and is also peer-recognized in 2025 (as in all prior years since 2010) as a leading US-based international arbitrator in the rankings of Lexology Index (formerly Who’s Who Legal), which currently ranks Mr. Goldstein as \"HIGHLY RECOMMENDED\" and has also bestowed its coveted \"Thought Leader\" designation. Mr. Goldstein was selected to the Silicon Valley Arbitration & Mediation Center TechList in August 2025. Mr. Goldstein’s arbitration experience includes service as Chair, Sole Arbitrator, Co-Arbitrator and Emergency Arbitrator in cases under CPR, ICC, LCIA, ICDR, and AAA Commercial Rules.
Work History
Founded independent practice with emphasis on service as arbitrator and mediator in 2007 after leading the international arbitration practices in New York at two international firms. Prior affiliations: 1980-2003: Proskauer Rose LLP (New York). 2004-2007: Hodgson Russ LLP (New York and Toronto).
Cases
Representative Matters Aviation • o 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 o Consultant on Article 2 of U.C.C. in Canadian litigation relating to private aircraft purchase and sale o Sole arbitrator under LCIA Rules in dispute over private aircraft leasing contract o Sole arbitrator under AAA Commercial Rules in dispute over helicopter time-sharing contract o Mock arbitrator for prominent U.S. aircraft manufacturer in preparation for international arbitration relating to aircraft parts quality issues Business Commercial • o Chair of ICDR arbitral tribunal in $300+ million dispute regarding minority shareholder corporate governance rights based on private equity investment o Sole arbitrator in $17 million M&A ICDR shareholder earnout dispute involving enterprise software matter o Chair of ICDR arbitral tribunal in $50+ million energy sector electric power delivery case o Emergency arbitrator in CPR international law firm partnership dispute involving partner compensation o Chair of arbitral tribunal under AAA Commercial Rules in dispute involving electricity supply/distribution contract o Sole arbitrator in dispute involving franchisee compliance with restaurant franchise agreement o Sole arbitrator in ICDR Rules arbitration over investment banking fees for reverse merger of U.S. and China companies o Co-arbitrator in ICDR Rules arbitration involving termination of retail franchise agreement for consumer electronics o Co-arbitrator in ICDR Rules dispute regarding private bank liability to customer for alleged account mismanagement o Chair of arbitral tribunal in ICDR Rules dispute among beneficiaries of trust organized under religious law o Co-arbitrator in AAA Commercial Rules case concerning operation of transportation logistics company o Chair of arbitral tribunal under AAA Commercial Rules in dispute involving post-closing adjustments in merger and acquisition (M&A) transaction o Chair of arbitral tribunal in dispute under ICDR Rules over majority-minority investor interests in electricity cogeneration facility o Mediated alleged legal malpractice dispute in M&A advisory context o Mediated dispute regarding fees allegedly due investment banker on successful completion of corporate merger o Mediated dispute involving scope of alleged defects in industrial machinery equipment and allocation of responsibility regarding the same o Mediated syndicated loan facility dispute involving alleged fiduciary obligations of syndicate manager toward lenders not participating in restructuring of facility o Mediated dispute involving ability of nonprofit to comply with terms of loan agreement o Mediated joint venture dispute involving claims of misappropriation and corporate waste o 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 o As an advocate, conducted ICDR Rules arbitration for U.S. rare earth minerals merchant in dispute with Asian supplier Engineering & Construction • o Chair of ICC arbitral tribunal in $130+ million dispute involving mining infrastructure FIDIC construction contract o Co-arbitrator in ICC arbitration involving state-investor project finance contract for national utility infrastructure development (coal-generated electric power) o Co-arbitrator in $400+ million ICC engineering, procurement and construction (EPC) contract case involving oil exploration equipment for state-owned energy company o Co-arbitrator in ICDR international arbitration concerning alleged trade secrets misappropriation in design/development of U.S. hydrogen-generation facilities o Co-arbitrator in ICC Rules arbitration over construction of outdoor theatrical stage sets o Mediated U.S.-Canada cross-border litigation dispute over manufacturing defects in specialized HVAC parts o 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 o As an advocate, represented U.S. purchaser of foreign-manufactured machinery suite for production of concrete draining units for highway construction Insurance • o Co-arbitrator in consolidated arbitration of several dozen disputes under AAA Commercial Rules brought by mortgage insurance policyholders claiming wrongful denial of insurance coverage o Mediated dispute between medical center and insurance provider over insurance reimbursement rates o Mediated insurance coverage disputes and interpretation of reinsurance agreements o As an advocate, represented major life insurance company in multiple arbitrations relating to alleged unlawful sales practices Intellectual Property • o Co-arbitrator in ICDR trade secrets matter involving $50+ million joint venture relating to clean energy plant engineering o Sole arbitrator in ICC Rules patent license dispute involving royalty calculations o Mediated performance rights trademark infringement matter involving scope of license of rights in public television program content o As an advocate, represented professional sports league in antitrust law cases relating to control of broadcast rights o As an advocate, represented holder of copyright renewal term rights in copyright dispute over musical composition o As an advocate, represented software developers in multiple arbitrations over alleged misuse in excess of rights granted to licensee o As an advocate, represented software developer in payment dispute under software development contract relating to sufficiency of software developer performance Life Sciences • o Chair of LCIA arbitral tribunal in international pharma patent royalty dispute under German law relating to U.S. FDA grants of regulatory exclusivity o Chair of ICC Rules arbitral tribunal in multinational dispute over sufficiency of licensee efforts to sell and distribute antibiotic compound o Co-arbitrator in CPR non-administered $100+ million pharma patent license/product development royalty matter o Chair of ICDR arbitral tribunal relating to pharma licensing development antitrust patent indemnification case o Sole arbitrator in ICDR arbitration over U.S. distribution of foreign-made innovative cardiovascular medical devices o Chair of ICC tribunal in dispute involving $50 million joint venture pharma manufacturing matter o As an advocate, conducted ICC Rules arbitration for U.S. pharmaceutical company whose investment in former Yugoslavia pharma manufacturing sector was expropriated o 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 • o Co-arbitrator in ICDR Rules arbitration dispute involving valuation of $1 billion joint venture put option in food and beverage industry o Chair of arbitral panel in AAA Commercial Rules dispute over pension fund investment in asset-backed securities o Co-arbitrator in ICDR Rules arbitration concerning shareholder interests in cryptocurrency startup o Co-arbitrator in ICDR Rules arbitration over private bank liability to customer for losses in Bernie Madoff-related investments o Co-arbitrator in ICDR Rules dispute between U.S. and Saudi Arabian parties over alleged fraud in sale of foreign exchange-based investments o Mediator in ICC-administered mediation of international “alternative finance” lender liability dispute o Sole arbitrator in multiple AAA Commercial Rules arbitrations over alleged unauthorized trading by account managers at brokerage firms o Co-arbitrator in ICDR-administered arbitration over alleged misappropriation of assets held in U.S. accounts of foreign bank customers Technology • o 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
Training
Attendee annually for past 30 years at substantive conference sessions on arbitration law and practice of numerous organizations including the College of Commercial Arbitrators, International Bar Association Committee D, ICC North America and ICC Canada, Chartered Institute of Arbitrators, American Arbitration Association/International Centre for Dispute Resolution
License(s)
New York
Education
University of Pennsylvania (BA magna cum laude); University of Virginia Law School (Board of Editors, Virginia Law Review)
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)
Awards
Lexology Thought Leader (2025); Peer-review ranked by Chambers Global, Chambers USA, Lexology, Best Lawyers in America, as leading international arbitrator in the USA. Inclusion annually in rankings of each of these peer review publications at least each of the last 12 years.
Panels
CPR Distinguished Panels of Neutrals (4): Cross-Border, National, Entertainment & Sports, Accounting Banking & Finance; Vancouver International Arbitration Centre; London Court of International Arbitration database, ICC International Court of Arbitration database, Hong Kong International Arbitration Centre (International Panel, Emergency Arbitrator Panel, Financial Services Panel); Asia International Arbitration Centre; Korea Commercial Arbitration Board; Japan Commercial Arbitration Association, Chicago International Dispute Resolution Association, American Arbitration Association/International Centre for Dispute Resolution, International and Large Complex Case Panels 2006-2025.
Associations
• Fellowships o College of Commercial Arbitrators (FCollArb), 2009–2026 o Chartered Institute of Arbitrators (FCIArb), 1994–2026 o American Bar Foundation, 2007–2026\" • Elected Memberships o 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) o International Arbitration Club of New York, ~2008–2026 o London International Arbitration Club, ~2006–2026 o Toronto Commercial Arbitration Society, ~2009–2026 Memberships o Committee on International Commercial Disputes, New York City Bar Association, 2011–2017, 2019–2026 o Committee on Arbitration, New York City Bar Association, 2017–2020 o North American Uses’ Council, London Court of International Arbitration, ~2010–2026 o International Council on Commercial Arbitration, ~2010–2026 o S. Arbitration Committee, International Chamber of Commerce, ~2000–2026 o Committee D – Arbitration, International Bar Association, ~2000–2026 o Advisory Board, Institute for Transnational Arbitration, Dallas, ~1995–2026 o Swiss Arbitration Association, ~1995–2026 o Institute D’Arbitrage Internationale, ~1995–2026
Miscellaneous
Recent Speaking and Teaching: • 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