Marc Suskin

Marc is a leading arbitration practitioner who has earned a reputation for steering his clients through their most critical and complex arbitrations. A trusted advisor to innovative companies, Marc has been described by clients as the “go-to lawyer for tech arbitrations” (The Legal 500 US). His strategic insight and meticulous approach ensure that each dispute is managed with precision and an unwavering commitment to achieving the best possible outcome for his clients, all in the most efficient way possible.  Chambers describes Marc as “incredibly knowledgeable,” “goal-oriented and responsive,” and a lawyer who “delivers excellent results” for his clients.

Marc possesses deep experience in all facets of international arbitration, with a robust practice that spans both international commercial arbitration and investment treaty arbitration. He skillfully navigates cross-border disputes, leveraging his comprehensive understanding of diverse legal systems to manage cases that span multiple jurisdictions. He has acted as counsel in 100+ international arbitrations seated in all major arbitral seats under all significant international arbitration rules in industries including technology, life sciences, telecommunications, advertising, construction, chemicals, power, mining and energy. He regularly advises companies on enforcing arbitral agreements and arbitral awards under the Federal Arbitration Act and New York Convention.

In addition, Marc is one of the most experienced and in-demand lawyers in the country in dealing with mass arbitration. He has handled many of the largest mass arbitrations to date with 100,000+ claimants against all the leading plaintiffs’ firms, demonstrating an exceptional ability to manage complex, high-volume mass actions. Marc also is heavily involved in motions to compel arbitration and fight against allegations of unconscionability on behalf of the firm’s clients. He has pioneered several market-leading strategies for mitigating the risk of mass arbitration in drafting consumer-facing arbitration provisions. He works regularly with the firm’s leading class action and cyber/data/privacy practice groups to be tactical and achieve the best possible outcomes for his clients.

Top publications have ranked Marc, including Chambers USA: International Arbitration, The Legal 500 US: International Arbitration, Who’s Who Legal: Arbitration – Future Leaders, and Benchmark Litigation –Litigation Star in international arbitration. Clients have said that Marc is “an exceptionally talented lawyer with the drive and passion to help his clients – he’s a rare talent” (Chambers USA).

In addition to his practice as counsel, Marc serves as an adjunct faculty member in the University of Miami’s leading International Arbitration LLM program, where he teaches a class on dispute resolution, technology and the digital economy. He has lectured at Harvard Law School, Stanford Law School and Columbia Law School. In addition, Marc serves on the Task Force on Tech Disputes, Tech Companies & International Arbitration for the Silicon Valley Arbitration & Mediation Center.

Marc also is very dedicated to public service and philanthropy. He is a member of the board of trustees of the Robert and Mercedes Eichholz Foundation, a private foundation that gives exclusively to the arts. Marc sits on the board of trustees of New York Public Radio, which runs WNYC and WQXR, New York City’s national public radio and classical music stations. He sits on the board of trustees of the Young People’s Chorus (YPC) of New York City and serves on the board of trustees of YPC National. Marc is a member of the board of directors of the Metropolitan Opera. He also is a member of the advisory board for the Yale School of Music and co-chairs Cooley’s pro bono committee in the New York office.

Marc’s recent international arbitration experience includes:* 

• Counsel to Google in an international arbitration and related enforcement proceedings involving digital advertising in the Asia-Pacific (APAC) region under International Centre for Dispute Resolution (ICDR) rules
• Counsel to a multinational cloud-computing platform involving breach of contract claims under ICDR rules in the APAC region
• Counsel to a generative artificial intelligence company relating to a breach of contract and trademark infringement dispute under ICDR rules in the North American (NA) region
• Counsel to a multinational advertising company in an IT outsourcing dispute regarding breach of contract claims under International Chamber of Commerce (ICC) rules in the Europe, Middle East and Africa (EMEA) region
• Counsel to a global chemicals company in multiple arbitrations involving breach of contract and patent disputes under ICC rules in the EMEA region
• Counsel to a global energy company in an International Centre for Settlement of Investment Disputes (ICSID) arbitration involving a gas supply dispute against a state-owned entity in the EMEA region
• Counsel to a construction joint venture in multiple arbitrations under ICC rules in the EMEA region involving the largest water project in the world
• Counsel to a US construction company in an ICC arbitration against a state actor for breach of contract in the EMEA region
• Counsel to a pharmaceutical company in an American Arbitration Association (AAA) arbitration involving breach of contract claims under a development agreement in the NA region
• Counsel to a pharmaceutical company in an ICDR arbitration involving a patent and licensing dispute in the NA region
• Counsel to a construction company in a United Nations Commission on International Trade Law (UNCITRAL) arbitration involving EMEA region trade secrets and a breach of contract dispute
• Counsel to a multinational telecommunications company in an arbitration under London Court of International Arbitration (LCIA) rules involving a breach of contract dispute in the APAC region
• Co-authored a brief on whether parties may expand the scope of judicial review of arbitral awards beyond the grounds set out in the Federal Arbitration Act – Hall Street Associates, L.L.C. v. Mattel, Inc.

Marc’s recent mass arbitration experience includes:*

• Counsel to a market-leading social media company in multiple mass arbitrations with more than 100,000 claimants under the Biometric Information Privacy Act (BIPA)
• Counsel to an edtech company in multiple mass arbitrations alleging violations of the Children’s Internet Protection Act (CIPA) and the Video Privacy Protection Act (VPPA) with more than 35,000 claimants
• Counsel to a leading Web3/crypto company in mass arbitrations alleging violations of multiple consumer protection statutes for more than 30,000 claimants
• Counsel to a video game company in multiple mass arbitrations involving VPPA claims for more than 20,000 claimants
• Counsel to an edtech company in a mass arbitration and related litigation involving 17,000+ claimants alleging various consumer protection claims
• Counsel to a leading remote telecommunications company in mass arbitrations under BIPA with more than 10,000 claimants
• Counsel to a fintech company in a mass arbitration alleging various consumer protection violations for 2,000 claimants
• Counsel to a mobile ticketing platform in mass arbitrations and related litigation under various ticket pricing laws involving more than 1,000 claimants
• Counsel to online travel companies in mass arbitrations alleging violations of CIPA and VPPA for more than 500 claimants
• Counsel to a home exchange marketplace in a mass arbitration alleging violations of CIPA and VPPA for more than 500 claimants
• Counsel to a wearable health technology company in a mass arbitration alleging violations of multiple consumer protection statutes for more than 400 claimants
• Dozens of smaller mass arbitrations under myriad consumer protection statutes with between 10 – 1,000 claimants

Marc’s recent pro bono work:

• Multiple reproductive rights amicus curiae briefs before the US Supreme Court
• Alien Tort Statute/Torture Victim Protection Act claims alleging crimes against humanity, extrajudicial killing, torture, cruel treatment and arbitrary detention
• 30+ US asylum cases and various amicus briefs involving immigration law
• Counsel for Holocaust survivors with GGWP and ZRBG pension programs
• Housing court claims in New York City related to the COVID-19 pandemic

* Some client names have been anonymized due to the confidential nature of arbitration proceedings