Arbitrator
Nationality: American
Languages: English (fluent), French (proficient)
Dana MacGrath is a leading independent arbitrator with over two decades worth of experience in international arbitration disputes. Before launching her independent practice as an arbitrator, Dana gained unparalleled experience in international arbitration in the arbitration teams at several leading global law firms and in-house on arbitration finance.
She is experienced in energy, oil & gas disputes including disputes relating to LNG price reviews, as well as construction, finance, telecommunications, intellectual property, sale of goods, life sciences, shareholder disputes, and international investments. Dana has been involved in high stakes cases under common and civil law in matters administered by the AAA/ICDR, ICC, JAMS, ICSID, LCIA, as well as ad hoc arbitrations.
Dana has also been instrumental in developing international arbitration and has given her time generously to several successful organisations. She serves on the AAA-ICDR Council and co-chairs its Large Complex Case Committee (LCC Committee). She is also active with the American Bar Association (ABA) and co-chaired the International Committee of the Dispute Resolution Section (2023-2025). She was on a task force for the Chartered Institute of Arbitrators that developed a Guideline for Third Party Funding. She is on the Rules Revision Committee of the CPR Institute. She served as President of ArbitralWomen (1 July 2018 - 30 June 2022) and serves on the Steering Committee for Equal Representation in Arbitration Pledge (Arbitration Pledge). Additionally, she is on the Advisory Board of the Rising Arbitrators Initiative (RAI) and the North American Committee for the Campaign for Greener Arbitration. Over the years, Dana has been recognised as a leader in international arbitration in various directories including Chambers USA and Who’s Who Legal (GAR / Lexology). In addition to her arbitrator practice, Dana has served as an Adjunct Professor of Law at Fordham Law School and Brooklyn Law School teaching international commercial arbitration. She is based in New York and is a Fellow of the Chartered Institute of Arbitrators.
Dana has extensive experience in commercial dispute resolution matters under the AAA-ICDR and ICC rules involving US, Canadian, Asian, South American, and European parties. Matters have related to the enforcement of contractual provisions, disputes involving various joint ventures, electronics manufacturers, life sciences pharmaceuticals, exploration for oil, liquified natural gas (LNG) sale purchase agreements, aerospace companies, cross-border sale of goods, and transactions involving sovereigns.
Dana has a broad understanding of the technology & telecommunications sector, having been involved in disputes subject to arbitration involving telecommunications systems in Latin America, various joint-venture disputes and technology and construction disputes, including solar panels on commercial satellites and other structures.
Energy Oil & Gas
Dana has a breadth of experience with energy and the telecoms sector, dealing with disputes under the LCIA, ICC, and ICDR rules concerning various areas, including gas pipeline systems, liquified natural gas (LNG) in relation to price reviews, operations, and technology license agreements.
Patents and Intellectual Property
Dana’s patent experience includes cellular patent pricing disputes relating to SEPs (standard essential patents) for global mobile licensing that are subject to FRAND (fair reasonable and non-discriminatory pricing).
Dana has been involved in disputes relating to hotel construction projects in Asia and South America between hotel builders/operators and hospitality companies. Her experience was largely for a confidential hotel franchise as counsel in disputes with owners and project managers about the construction of hotels that were to be part of the franchise, for delays and cost overruns. Dana has also recently sat as sole arbitrator in a matter relating to access to an easement.
Dana has experience as counsel representing a global airplane manufacturer and an aerospace company that makes among other things commercial satellites. Dana is familiar with the kinds of representations and warranties that are often alleged to be breached when a satellite component fails or a larger aircraft/satellite fails allegedly as a result of defects or failures of component parts.
Dana has experience in disputes under ICC arbitration rules concerning investments in Latin American banks by global financial institutions involving claims worth more than US$700 million and also claims for specific performance of contractual provisions.
Dana’s intellectual property experience consists of commercial arbitration disputes under the ICDR and ICC rules relating to patent portfolio licensing, licensing agreements, and FRAND issues regarding SEPs involving Asia-based telecommunication companies and US and European parties.
Arbitration
Sole arbitrator in ICC arbitration involving shareholder disputes governed by New York law.
Chair of ICDR tribunal in a dispute under the AAA Commercial Arbitration Rules relating to software and trade secrets dispute.
Chair of an arbitral tribunal in an ICDR arbitration under the AAA Commercial Arbitration Rules relating to a potential technology-related sales transaction.
Chair of arbitral tribunal in an ICDR commercial dispute under the AAA Commercial Arbitration Rules between US and European parties relating to agreement to develop and provide computer software.
Sole arbitrator in ICC contract dispute between US parties relating to a technology licensing agreement.
Sole arbitrator in ICDR arbitration relating to a contractual dispute involving the life sciences sector.
Co-arbitrator in ICDR arbitration relating to business relationship relating to acquisition and sale of artwork.
Chair of arbitral tribunal in commercial dispute under JAMS arbitration rules.
Co-arbitrator in commercial dispute under the AAA Commercial Arbitration Rules between a US corporation and a Canadian corporation regarding enforceability of a contractual provision in the parties’ agreement.
Counsel in commercial dispute under the ICC Rules between US and European parties relating to a licensing agreement.
Counsel in commercial dispute under the ICC Rules between US based international supplier and foreign counter party regarding joint venture dispute.
Counsel in commercial dispute under the ICC Arbitration Rules between an Asian electronics manufacturer and a US based buyer.
Counsel in 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 involving international parties in the life sciences pharmaceutical industry.
Counsel in commercial dispute under the ICDR Arbitration Rules between Asia-based cellular telecommunications company and multinational corporation relating to patent portfolio licensing.
Counsel in two related commercial disputes under the LCIA Arbitration Rules between subsidiary of a state-owned electricity producer and contractual counterparties relating to the operation of a natural gas pipeline system.
Counsel in commercial disputes under ICC Arbitration Rules between liquified natural gas (LNG) producer and European purchasers relating to a contract sales price review/price reopener provision (price review arbitration).
Counsel in 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.
Counsel in two commercial disputes under the ICC Rules between a European aerospace company and its counterparty.
Counsel in commercial dispute under the ICC Rules between an LNG producer and European purchaser that resolved pricing issues under a long-term contact.
Counsel in commercial arbitration dispute between an Asia-based oil company and its contractual counterparty relating to a joint venture to explore for oil in Siberia.
Counsel in commercial dispute under the ICC Arbitration Rules between financial institutions and the Republic of Uruguay.
Counsel in two parallel commercial arbitration disputes between U.S. based hotel builder/operator and the owner of the hotel, relating to international hotel construction project in Panama.
Counsel in commercial arbitration relating to hotel construction in Asia.
Litigation Counsel in US Courts
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.
Education
New York University School of Law, New York, NY - J.D., 1996
Middlebury College, Middlebury, VT - B.A., Cum Laude, 1991
Bar Admission
New York, 1997
Professional
MacGrath Arbitration, New York, NY. August 2021 – Present. Independent Arbitrator
Omni Bridgeway, New York, NY. January 2019 – August 2021. Investment Manager and In-House Legal Counsel
Sidley Austin LLP, New York, NY. September 2013 – January 2019. Partner and Counsel, International Arbitration Practice Group
Allen & Overy LLP, New York, NY. November 2005 – September 2013. Counsel, Litigation and Arbitration
O’Melveny & Myers LLP, New York, NY. December 1997 – November 2005. Associate and Counsel, Litigation and Arbitration
Sullivan & Cromwell LLP, New York, NY. Summer 1995 & Sept. 1996 – Nov. 1997. Summer Associate and Associate, Litigation
CIArb Third Psrty Funding Taskforce Member (2024-2025)
New York City Bar Association - Chair, Arbitration Committee, (September 2015 to June 2018); Affiliate Member of Arbitration Committee (September 2018 to Present); Affiliate Member of ICDC (September 2018 to Present)
American Arbitration Association – International Centre for Dispute Resolution - Council Member (2019 to Present); Co-Chair, Large Complex Case Committee (2019 to Present)
ICC Commission on Arbitration - Member, Task Force on Reducing Time and Cost in Complex Arbitration; Task Force on National Rules of Procedure for Recognition and Enforcement of Foreign Awards
International Institute for Conflict Prevention and Resolution (CPR Institute) - Co-Chair, Arbitration Rules Revision Committee (2017 to 2019); Co-Chair, CPR-Y-ADR (2009 to 2015)
New York International Arbitration Center (NYIAC) – Member, Advisory Council (2020 to 2021); Director (2022 to Present)
Chartered Institute of Arbitrators (CIArb) – Member (September 2021 to December 2021); Fellow (December 2021 to Present)
American Review of International Arbitration (Columbia Law School) – Member, Peer Review Board (2019 to Present)
International Arbitration Club of New York (IACNY) – Member
ArbitralWomen – Past President (1 July 2018 to 30 June 2022); Advisory Council (1 July 2022 to Present)
Equal Representation in Arbitration Pledge – Global Steering Committee Member
Campaign for Greener Arbitrations – Member of the North America Sub-Committee
Racial Equality for Arbitration Lawyers (R.E.A.L.) –Steering Committee Member
Silicon Valley Arbitration and Mediation Center (SVAMC) – Member
Admitted to AAA Panel of Commercial Arbitrators
Admitted to ICDR Roster of Arbitrators
Admitted to CPR Panel of Distinguished Neutrals (as arbitrator)
Admitted to the Singapore International Arbitration Centre Panel of Arbitrators (SIAC)
Admitted to the arbitrator roster of the Japan Commercial Arbitration Association (JCAA)
Publications
“Developing and Promoting a Successful Alternative Dispute Resolution Practice” ABA Dispute Resolution Magazine (2025)
“Research Handbook on Investment Law and Sustainability Development” Contributor, Edward Elgar Publishing (2025)
“How Do You Get to Carnegie Hall?” The Unsung Benefits of Mock Arbitrations, Kluwer Arbitration Blog (June 2023).
“I Can See Clearly Now the Rain Is Gone…” U.S. Supreme Court Definitively Holds that Section 1782 Does Not Permit Discovery Assistance from U.S. Courts for Private Foreign or International Arbitrations, Kluwer Arbitration Blog (June 2022).
“Spotlight on Dana MacGrath,” Interview by International Arbitration Juniors (March 2022).
Interview of Dana MacGrath on her Role as President of ArbitralWomen – Special Edition Interview for International Women’s Day 2022 – Digital Coffee Break in Arbitration (March 2022).
“Circuit Split on 28 U.S.C. § 1782: Are U.S. Courts Trending Against Discovery for Foreign Private Arbitrations?” Kluwer Arbitration Blog (October 2020).
“Second Circuit Rules in Hanwei Guo that Section 1782 Does Not Apply to Private Commercial Arbitrations,” ICC Dispute Resolution Bulletin, Issue 3 (2020).
“Third-Party Funding and Covid-19,” Chapter 10 of International Arbitration and the Covid-19 Revolution, Kluwer International (October 2020).
“Several Firsts for the 2020 Vis East Moot (Virtual Vis East – VVE),” ArbitralWomen News Page (April 2020).
“Increased Transparency in Arbitrator Appointment Procedures in Commercial Arbitrations,” Practical Law Arbitration Blog (April 25, 2018).
“Landmark Decision on Arbitral Immunity: The Risk of Sanctions for Lawsuits Against Arbitrators,” Alternatives, Vol. 33 No. 9 (October 2015).
“Arbitration of International Commercial Disputes,” Successful Partnering Between Inside and Outside Counsel (Robert L. Haig, ed., 2015).
“Does A Private International Arbitration Fall Within ‘Foreign or International Tribunal’ in 28 U.S.C. § 1782? Practice Pointers for Seeking Discovery in Aid of Arbitration after Intel Corp. v. Advanced Micro Devices, Inc.,” American Arbitration Association Yearbook on Arbitration and the Law, Juris Publishing, Inc. (2011).
Co-author, U.S. Supreme Court Precedents on Arbitration, ISBN: 9789004715820 (Brill, 2025), Chapter 19, Vaden v. Discover Bank, 556 U.S. 49 (2009).
Speaking Engagements
“Cutting Edge Issues in Commercial Arbitration,” American Arbitration Association and NYLS (April 2026)
“Arbitration in an Evolving Geopolitical Climate,” University of Pennsylvania Carey Law Annual International Arbitration Conference (April 2026)
“Arbitration of Commercial Disputes: Advocacy and Drafting Strategies” American Bar Association (April 2025)
“The In-House Reality of Arbitration,” Paris Arbitration Week (March 2026
“Campaign for Greener Arbitrations North America Committee Arbitrator Roundtable Workshop,” CPR Dispute Resolution Services (January 2026
“NYIAC Advocacy Academy on Examination of Experts,” New York International Arbitration Center (January 2026)
“Arbitration 2 Worlds” Conference, JAMS Columbia Law School and NYU School of Law (November 2025)
“Question Time with the Arbitrators,” GAR Live North America (September 2025)
ArbitralWomen Networking Breakfast, International Law Weekend (October 2025)
“Advocacy Skills Workshop,” GAR Academy 2025 in association with GAR and JAMS (September 2025)
Canada Arbitration Week 2025, ICDR & ArbitralWomen, “Booked and Briefed: How to Get Appointed and Own the Role” (June 2025)
“Arbitration of Commercial Disputes: Advocacy and Drafting Strategies,” American Bar Association Section of Dispute Resolution (April 2025)
“Cutting Edge Issues in Commercial Arbitration,” American Arbitration Association and NYLS (April 2025)
“CIArb Third-Party Funding; Guideline Launch: What you need to know” (April 2025)
“Views on Preliminary Views: Should the Tribunal Show It’s Cards?” ABA webinar (March 2025)
“International Arbitration and Finland: Efficient Procedures for Client-Centric Outcomes” (February 2025)
GAR Live New York – Technology Disputes (February 2025)
“Confidentiality vs Transparency in International Arbitration” Mock Arbitration during New York Arbitration Week (November 2024)
Faculty, ABA Dispute Resolution Section 2024 Practice Development Institute, New York, (September 2024)
Faculty, Columbia University - Chartered Institute of Arbitrators New York Branch Comprehensive Course New York (September 2024)
Africa in the Moot "Do's and Don'ts of Oral Advocacy at the Vis Moot" (February 2024)
International Commercial Arbitration Law and Practice: A Deep Dive for American Litigators and In-House Counsel New York, (January 2024
“Unsung benefits of Mock Arbitrations” at Mute Off Thursdays (virtual event), (November 2023)
Canada Arbitration Week – Disclosures in International Arbitration (October 2023)
Chartered Institute of Arbitrators Learning Lab Series on Arbitrator Management of Guerilla Tactics in International Arbitration (June 2023
“Cutting Edge Issues in Commercial Arbitration,” New York Law School and American Arbitration Association, New York (April 2023)
AAA-ICDR California Conference (March 2023)
ABA Arbitration Training Institute in NYC (March 9-10, 2023)
Recognitions
Who’s Who Legal: Arbitration: Thought Leader; Global Leader – Recommended
Lexology – Arbitration: Thought Leader
Leaders League - Arbitration Finance
LawDragon: Global 100 Leaders in Legal Finance
Press Coverage
Law360, “ArbitralWomen President Starts Solo Arbitration Practice” (6 August 2021).
Global Arbitration Review, “ArbitralWomen President Goes Solo in New York” (18 August 2021).
The Impact Lawyers, “Interview with Dana MacGrath following the launch of her new arbitration project” (8 September 2021).