Dana C. MacGrath
DANA MACGRATH has a broad range of experience in international arbitration and litigation. She focuses on arbitration of complex commercial disputes and litigation in aid of arbitration.
Dana has participated in numerous arbitrations before the leading international arbitration institutions, as well as ad hoc arbitration panels. Recent international arbitration matters have involved a variety of businesses and industries, including oil and gas, liquefied natural gas (LNG), finance, telecommunications, transportation and international investments. She also serves as an arbitrator.
In the context of international litigation, Dana has represented both U.S. and foreign parties regarding the enforceability of arbitration agreements and arbitral awards under the New York Convention. She has also been involved in disputes regarding forum selection and choice of law clauses, sovereign immunity and discovery in the international context.
Dana has been recognized as a leading practitioner of international arbitration in various directories, including Chambers Global 2016, Chambers USA 2016, Who’s Who Legal: Arbitration 2016, Latinvex in “Latin America’s Top 100 Female Lawyers – 2016,” Chambers USA 2015, Euromoney LMG as a 2015 Rising Star in commercial arbitration, The Legal 500 Latin America 2014, and Expert Guides’ Guide to the World’s Leading Experts in Commercial Arbitration 2013.
Dana is chair of the Arbitration Committee of the Association of the Bar of the City of New York. She is a member of the Finance Committee of the New York International Arbitration Center (NYIAC) and a member of the Board of Directors of ArbitralWomen. She is an adjunct professor of law at Brooklyn Law School, where she teaches a seminar on international commercial arbitration and coaches the Brooklyn Vis Moot team. Dana is co-chair of Y-ADR, the young arbitrators group of the CPR Institute. She writes and speaks frequently on the subject of international dispute resolution.
- Counsel for an international food and beverages company in an International Chamber of Commerce (ICC) arbitration brought by a European company.
- Counsel for a subsidiary of JPMorgan Chase and another financial institution in an ICC international arbitration against the Republic of Uruguay. A unanimous tribunal rendered an award in favor of our clients for US$100 million in damages, plus interest and attorneys’ fees. We successfully confirmed the award in federal court in New York.
- Counsel for a subsidiary of JPMorgan Chase in an ICC international arbitration brought by the Republic of Uruguay involving claims for more than US$700 million. After receiving a unanimous award in favor of our client, we successfully confirmed the award in federal court.
- Counsel for a U.S. hotel builder and operator in two parallel arbitrations relating to significant delays and cost overruns on an international hotel project in Panama. The principal arbitration involved the design and construction of the project. After a two-week hearing with more than 30 witnesses, the arbitral tribunal rejected all of the claims against our client.
- Counsel for European aerospace company in two ICC arbitrations.
- Counsel for an LNG producer in a series of contract sales price arbitrations with purchasers in Europe that resolved pricing issues under long-term contacts.
- Counsel for a Far East oil company in two arbitrations relating to disputes concerning a joint venture to explore for oil in Siberia.
- Counsel for the International Court of Arbitration of the ICC and sole arbitrator in a lawsuit brought by the losing party to an ICC arbitration. We successfully obtained an order dismissing the case and imposing sanctions.
- Counsel for the International Court of Arbitration of the ICC in a lawsuit brought by a party to an ICC arbitration in which we successfully obtained a dismissal based on the ICC Rules of Arbitration.
- Counsel for Bank of America in a joint venture dispute pending in federal court in New York in connection with a project in Mexico, which was resolved after mediation.
- Counsel for Unocal Corporation in a lawsuit alleging human rights violations arising from the construction of a natural gas pipeline in Myanmar, which was resolved after mediation.
*Some of the above matters were handled by Dana prior to joining Sidley Austin LLP.
- “Landmark Decision on Arbitral Immunity: The Risk of Sanctions for Lawsuits Against Arbitrators,” Alternatives, Vol. 33 No. 9 (October 2015).
- Co-author, “Arbitration of International Commercial Disputes,” Successful Partnering Between Inside and Outside Counsel (Robert L. Haig, ed., 2015).
- Co-author, “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, 23d ed., Juris Publishing, Inc. (2011).
- “Looking Ahead: The Use of 28 U.S.C. §1782 to Obtain Documents or Testimony From A Person or Entity in the United States in Aid of Foreign or International Arbitration,” Transnational Dispute Management (TDM), Vol. 4, Issue 5 (September 2007).
- Co-author, “Document Production in International Arbitration – Document Production in the United States,” ICC International Court of Arbitration Bulletin (December 2006).
- “The Possibility of Judicial Assistance in Aid of International Commercial Arbitration Under 28 U.S.C. Subsection 1782,” United States Council for International Business, Arbitration & Dispute Resolution Update (Fall 2004).
- “The Power of Arbitrators to Issue Subpoenas to Non-Parties,” United States Council for International Business, Arbitration & Dispute Resolution (Spring 2004).
Dana serves as the Chair of the Arbitration Committee of the New York City Bar Association and as a co-chair of the Young Attorneys in Dispute Resolution (Y-ADR) of the CPR Institute. She is also a member of the International Arbitration Club of New York, the Finance Committee of the New York International Arbitration Center (NYIAC), the ICC Commission on Arbitration Task Force on Reducing Time and Cost in Complex Arbitration, the ICC Commission on Arbitration Task Force on National Rules of Procedure for Recognition and Enforcement of Foreign Awards Pursuant to the New York Convention of 1958, the International Bar Association and the American Bar Association. Dana is a member of the Board of Directors of ArbitralWomen.
Recent Speaking Engagements:
- “Unconscious Bias in International Arbitration: Consequences and Solutions,” ArbitralWomen breakfast panel discussion before the Fordham University School of Law International Arbitration and Mediation Conference, New York (October 2016).
- Chair of Arbitral Tribunal, “Y-ADR Mock Procedural Hearing under CPR Rules for Administered Arbitration of International Disputes,” Washington, D.C. (September 2016).
- “Proof of Foreign Law – A Comparison of the Approaches in the U.S. Courts and in International Arbitration,” 2016 Spring Meeting of ABA Section of International Law (April 2016).
- “Mock Procedural Hearing under CPR Rules for Administered Arbitration of International Disputes,” Y-ADR event, New York (February 2016).
- “Corruption and International Arbitration,” co-sponsored by Young ICCA and University of Pennsylvania Law School (April 2015).
- “The Theory of Argument,” Generations in Arbitration Conference in Vienna (March 2015).
- “CPR’s New Rules for Administered Arbitration of International Disputes,” CPR Annual Meeting (February 2015).
- “The Breadth of Arbitrator Subpoena Power under FRCP 45,” New York State Bar Association Dispute Resolution Section Fall Meeting (October 2014).
- “Cross Border Disputes,” Benchmark Litigation event “Women in Litigation,” (September 2014).
- “Cross-Cultural Issues in International Arbitration,” ICDR event (September 2013).
- “Mediation: The Good, the Bad, and the Ugly,” ICC YAF event (September 2013).
- “Recent Developments in International Arbitration” (May 2013).
- “Pre-conditions to arbitration,” ITA Roundtable (January 2013).
- “Ethics in Arbitration,” Practicing Law Institute (PLI) (August 2012).
- “Diversity in ADR,” Y-ADR of CPR Institute (July 2012).
- ITA Roundtable (June 2012).
- “Anatomy of an International Arbitration,” ABA Section on International Law (November 2010).
- “Non-Party Discovery in Aid of Arbitration under the FAA and U.S. Discovery in Aid of Foreign and International Tribunals under Section 1782,” International Law Weekend (October 2010).
- “What’s New in International Dispute Resolution,” ABA Section of International Law (March 2010).
- “Ethics in Arbitration,” Practicing Law Institute (PLI) (September 2009).
- “Advocacy in International Arbitration,” ABA International Law Section Spring Conference (April 2009).
- “Participation of Non-Disputing Parties in ICSID Arbitration,” International Litigation and Arbitration Conference of the Florida Bar Association (March 2009).
- “Law Firm Barriers to Successful ADR Practice,” Annual Meeting of the International Institute for Conflict Prevention and Resolution (CPR) (January 2009).
- “Arbitrating Corporate Disputes in Latin America,” ICC International Commercial Arbitration in Latin America: The ICC Perspective (November 2008).
- “Evidentiary Issues in International Arbitration,” American University Washington College of Law, Fifth Annual Seminar on International Commercial Arbitration (October 2008).
- “The Future of Forum Selection: Arbitration v. Litigation in Today’s World,” ABA Section of International Law Annual Meeting (August 2008).
- “What’s Happening in Arbitration: Recent Developments, Emerging Trends, Future Issues,” Association of the Bar of the City of New York (March 2008).
- “Judicial Review of International Arbitration Awards,” Center for International Legal Studies (December 2007).