Dana MacGrath has more than two decades of experience in international arbitration as arbitrator and counsel. She has handled arbitrations under common law and civil law, seated around the globe. Her cases have been administered by a wide variety of international arbitral institutions (for example AAA/ICDR, ICC, ICSID, LCIA) and she has also handled ad hoc arbitrations.
Her international dispute resolution experience stems from her role as practitioner or arbitrator in arbitrations, counsel in international litigation, and in-house counsel with a focus on arbitration finance.
MacGrath Arbitration, New York, NY
Independent Arbitrator, August 2021 to Present
Omni Bridgeway, New York, NY
Investment Manager and In-House Legal Counsel, January 2019 – August 2021
Sidley Austin LLP, New York, NY
Partner and Counsel, International Arbitration Practice Group, September 2013 – January 2019
Allen & Overy LLP, New York, NY
Counsel, Litigation and Arbitration, October 2006 – September 2013
O’Melveny & Myers LLP, New York, NY
Associate and Counsel, Litigation and Arbitration, November 1997 – October 2006
Sullivan & Cromwell LLP, New York, NY
Summer Associate and Associate, Litigation, Summer 1995 & Sept. 1996 – Nov. 1997
New York University School of Law, New York, NY
Middlebury College, Middlebury, VT
B.A., cum laude, 1991
Admitted to the New York Bar in 1997
International Arbitration – Illustrative Experience
Commercial dispute under the AAA Commercial Arbitration Rules between a US corporation and a Canadian corporation regarding enforcement of a contractual provision in the parties’ agreement.
Commercial dispute under the ICC Rules between US based international supplier and foreign counter party regarding joint venture dispute.
Commercial dispute under the ICC Arbitration Rules between an Asian electronics manufacturer and a US based buyer.
Commercial dispute under the ICDR Arbitration Rules between an Asia based telecommunications equipment manufacturer and a European company relating to patent license agreement and FRAND issues re SEPs.
Commercial dispute under the ICDR Arbitration Rules between an Asia based cellular telecommunications company and a multinational corporation relating to the licensing of patent portfolios.
Two related commercial disputes under the LCIA Arbitration Rules between a subsidiary of a state-owned electricity producer and contractual counterparties relating to the operation of a natural gas pipeline system.
Commercial dispute under ICC Arbitration Rules between a liquified natural gas (LNG) producer and European purchaser relating to a contract sales price review / price reopener provision (price review arbitration).
Commercial dispute under the ICC Rules between a subsidiary of U.S. financial institution and a South American sovereign involving claims for more than US$700 million.
Two commercial disputes under the ICC Rules between a European aerospace company and its counterparty.
Commercial dispute under the ICC Rules between an LNG producer and European purchaser that resolved pricing issues under a long-term contact.
Two commercial arbitration disputes between an Asia based oil company and its contractual counterparty relating to a joint venture to explore for oil in Siberia.
Commercial dispute under the ICC Arbitration Rules between financial institutions and the Republic of Uruguay.
Two parallel commercial arbitration disputes between a U.S. based hotel builder and operator, and the owner of the hotel, relating to delays and cost overruns on an international hotel construction project in Panama.
International Litigation – Illustrative Experience
Counsel for successful arbitration claimants in multiple award enforcement proceedings under the New York Convention in U.S. courts to confirm arbitration awards as U.S. judgments (primarily New York federal courts and D.C. federal courts), including two successful cases against the Republic of Uruguay and three successful cases against the Government of Belize.
Counsel for arbitral institution in New York litigation involving doctrine of arbitral immunity.
Counsel for financial institution in a joint venture dispute pending in federal court in New York in connection with a project in Mexico.
Counsel for multinational oil company in a lawsuit alleging human rights violations arising from the construction of a natural gas pipeline in Asia.
Counsel for financial institution in connection with internal investigation and ancillary New York federal court litigation.
Counsel for U.S. corporation in antitrust class action litigation.
Investment Manager and In-House Legal Counsel
Dana MacGrath spent more than two years in-house at Omni Bridgeway, a leading global litigation and arbitration finance company.
In her role as Investment Manager and Legal Counsel in New York, she led the company’s arbitration investments out of the United States, served as co-leader of the company’s global arbitration group, assessed arbitration and international litigation investment opportunities, advised management on legal issues relating to arbitration, presented investment opportunities to the company’s Investment Committee, and monitored funded arbitration matters.
Additionally, she delivered presentations to law firms and companies on third-party funding and regular spoke at conferences and webinars on arbitration issues and third party funding in international arbitration.