Aren Goldsmith’s practice focuses upon international arbitration matters.

He has acted as counsel on behalf of clients in a wide variety of large-scale commercial and investment-related disputes under the rules of the leading institutional and ad hoc arbitration regimes.

Aren has been praised by peers as “an extremely creative and excellent advocate” who is “highly recommendable for international commercial arbitration.”

Aren joined the firm’s New York office in 2005, where he was resident until his move to Paris in 2006. He became a senior attorney in 2010. From 2000 to 2002 and 2003 to 2005, he was associated with the New York office of another leading international law firm.

Notable Experience

  • Agfa-Gevaert Group in defending a series of related ICC arbitrations under German law alleging over €1 billion in damages related to the sale of the company’s former consumer imaging division. To date, arbitral tribunals have dismissed approximately €1 billion in claims against the Agfa-Gevaert Group and awarded Agfa-Gevaert Group approximately €40 million in costs.

  • North American automotive group in a DIS arbitration with Düsseldorf seat under German law relating to a supply agreement.

  • Électricité de France (EDF) in successfully defending an ICC arbitration initiated by the Federal State of Baden-Württemberg, which in 2010 acquired EDF’s shareholding in the German energy company Energie Baden-Württemberg AG (EnBW). The Federal State of Baden Württemberg alleged that the purchase price it paid for EDF’s stake in EnBW was excessive and involved illegal State aid. It asserted claims seeking over €800 million in damages, which were dismissed in their entirety.

  • DP World in an ICSID arbitration against the Republic of Peru under a concession agreement for the development and operation of the South Pier of the Port of Callao and the UK-Peru bilateral investment treaty concerning DP World’s exclusion from the tender for the North Pier concession and the tender’s structure and design.

  • OJSC Tatneft in an UNCITRAL arbitration under the Russia-Ukraine bilateral investment treaty arising out of a raider takeover of Ukraine’s largest refinery, in which OJSC Tatneft was a shareholder. The arbitral tribunal found Ukraine liable for breach of the Russia-Ukraine BIT in July 2014, awarding damages to Tatneft.

  • Citigroup Venture Capital in its battle for corporate control over Brasil Telecom, which included ICC arbitrations in London and in Paris and litigation in the Southern District of New York.

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Selected Activities

  • Widely published in the field of international arbitration and serves on the Editorial Board of the Revue de Droit des Affaires Internationales - International Business Law Journal (International Arbitration Section) and the Journal of International Arbitration (Kluwer)
  • Regularly invited to speak at international arbitration conferences and has lectured on international arbitration at the Ecole de formation professionnelle des Barreaux de la Cour d’Appel de Paris, NYU School of Law and Université Paris 1 Panthéon-Sorbonne
  • Member, United States delegation to the ICC Commission on Arbitration & ADR; and Rapporteur, Joint Working Group of the ICC Commissions on Arbitration & ADR and on Competition on Antitrust Follow-On Damages Actions
  • Co-Chair, Expatriate Subcommittee of the Arbitration Committee of the United States National Committee of the ICC
  • Member, Global Advisory Board of the ICDR Young & International, 2010 to 2013

Publications

The Revised Swedish Arbitration Act: Noteworthy Developments in the Lex Arbitri of a Leading Jurisdiction for International Arbitration,” Cleary Gottlieb Alert Memo (March 12, 2019)

Potential End of Suspension of Title III of the Helms-Burton Act: Authorization of Claims Under U.S. Law for ‘Trafficking’ in Certain Cuban Properties,” Cleary Gottlieb Alert Memo (February 26, 2019)

“Should Parties Disclose the Existence of a Third-Party Funder? (Disclosure and Conflicts of Interest),” with R. Kreindler (chapter in Liber Amicorum to be published by Kluwer in 2019)

Apple v. EBizcuss.com: Agreeing A Forum For Your Antitrust Disputes,” Kluwer Arbitration Blog (December 25, 2018)

European Court of Justice Issues Important Judgment Related to Jurisdiction Clauses for Antitrust Actions,” Cleary Gottlieb Alert Memo (November 26, 2018)

Important Issues for Potential Users of ICC Arbitration: The New ICC Rules,” Cleary Gottlieb Alert Memo (March 2, 2017) 

“Le Financement Du Procès Par Les Tiers Dans Le Cadre De L’Arbitrage International,” with L. Melchionda, Le Lamy Contrats Internationaux (October 2016)

“Third-Party Funding: Toward the Development of an Incremental Methodology for Disclosure,” with L. Melchionda, The Paris Journal of International Arbitration (Vol. 2, 2016), pp. 339-358

“Arbitration and EU Antitrust Follow-On Damages Actions,” 34 ASA Bulletin 1 / 2016, pp. 10-40 (2016)

“Arbitrating Antitrust Follow-On Damages Claims: A European Perspective,” (Parts 1 and 2), Kluwer Arbitration Blog (September 2015)

“Book Review: Arbitrating Under the LCIA Rules: A User’s Guide,” International Business Law Journal / Revue de Droit des Affaires Internationales (N°1 2016)

“Commentary: French Think Tank Releases Noteworthy Report On Third Party Litigation Funding,” Les Cahiers de l’Arbitrage/The Paris Journal of International Arbitration (Vol. 4, 2014), pp. 687-692

“Third-Party Funding In International Dispute Resolution,” International Law Practicum (NYSBA), (Vol. 25, No.2 (2012)), pp. 147-157

“Third Party Funding in International Arbitration: Everything You Ever Wanted to Know (But Were Afraid to Ask),” with L. Melchionda, International Business Law Journal / Revue de Droit des Affaires Internationales (Vol. 1 - 2012 (Part I)) pp. 53-76

“Third Party Funding in International Arbitration: Everything You Ever Wanted to Know (But Were Afraid to Ask),” with L. Melchionda, International Business Law Journal / Revue de Droit des Affaires Internationales (Vol. 2 - 2012 (Part II)) pp. 221-243

“Third Party Funding In International Arbitration In Europe: RDAI/IBLJ Roundtable 2012,” with M. Scherer and C. Fléchet, International Business Law Journal / Revue de Droit des Affaires Internationales (Vol. 2-2012) (Part I), pp. 207-219

“Third Party Funding In International Arbitration In Europe: RDAI/IBLJ Roundtable 2012,” with M. Scherer and C. Fléchet, International Business Law Journal / Revue de Droit des Affaires Internationales (No. 6, 2012) (Part II), pp. 649-665

“Erga Omnes Commercial Arbitration? A Comparative Discussion of Extension Based Upon ’Alternative Estoppel’,” Les Cahiers de l’Arbitrage/The Paris Journal of International Arbitration (Vol. 1, 2011), pp. 59-76

“US Supreme Court Rejects Non-Consensual Class Arbitration,” Kluwer Arbitration Blog (May 4, 2010)

“Requests for the Production of Electronic Documents In International Arbitration: Some Threshold Issues,” International Business Law Journal / Revue de droit des Affaires Internationales (Vol. 3 - 2010), pp. 313-319

“Trans-Global Petroleum: ’Rare Bird’ or Significant Step in the Development of Early Merits-Based Claim-Vetting?” 26 ASA Bulletin 4 (2008), pp. 667-687; republished in Transnational Dispute Management, July 2009 Edition (Nominated by OGEMID (Oil-Gas-Energy-Mining and Infrastructure Dispute Management) for best article in international arbitration, 2008)

Events

Annual meeting of the Expatriate Subcommittee of the ICC’s US National Committee, Paris, April 2017 and 2018: Co-organized meeting.

Interactive Workshop on International Arbitration Co-organized by CFA 40 and YIAG, Paris, December 9, 2016: Moderated panel.

Legal privilege and International Arbitration, Paris, September 27, 2016: Invited to participate as member of a roundtable organized by the Revue de Droit des Affaires Internationales.

CILS International Arbitration Symposium in Salzburg, June 2016: Spoke on panel regarding due process issues in international arbitration.

Shearman & Sterling and King’s College London International Arbitration Speakers Series in London, April 21, 2015: Spoke on panel regarding third-party funding in international arbitration.

Paris Bar event in Paris, March 18, 2015: Spoke on panel regarding the Restatement (Third) of International Commercial Arbitration.

CILS International Arbitration Symposium in Salzburg, May 23, 2014: Spoke regarding recent US decisions regarding the setting aside of arbitral awards.

NYSBA International Section in Paris, March 7, 2014: Spoke on panel regarding common and civil law perspectives on third-party funding.

Second Annual ICDR Y&I / Sciences Po event in Paris, November 12, 2013: Moderated panel regarding conflicting judgments in international arbitration.

Annual Conference of Arbitration Center of Lisbon Chamber of Commerce, June 27, 2013: Spoke regarding third-party funding in international arbitration.

Panel debate organized by The Judge in London, June 20, 2013: Debated whether third-party funding should play a role in deciding applications for security for costs.

NYSBA International Section in Lisbon, October 12, 2012: Spoke regarding third-party funding in international dispute resolution.

ICDR Y&I / Sciences Po event in Paris, June 1, 2012: Moderated panel regarding procedural innovation and reform in international arbitration.

ICC YAF event in Frankfurt, May 25, 2012: Moderated panel regarding third-party funding of international arbitration.

ICC YAF event in Geneva, December 3, 2010: Addressed Revised IBA Rules and disclosure issues.