Dana C. MacGrath

Counsel


Contact

787 Seventh Avenue
New York, New York 10019
+1.212.839.7319

dmacgrath@sidley.com

Admissions & Certifications
Education

Dana C. MacGrath

Counsel


DANA MACGRATH has a broad range of experience in international arbitration and litigation as well as U.S. litigation. Dana focuses on the arbitration and litigation 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. She also has served as an arbitrator in ICC international arbitrations. Recent international arbitration matters have involved a variety of business and industries, including oil and gas, LNG, finance, joint ventures and international investment vehicles.

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 is recognized as a leading practitioner of international arbitration in Chambers USA 2012: America’s Leading Lawyers for Business: “Dana MacGrath is noted for her experience in commercial arbitration and wins acclaim for her work serving a range of clients in complex disputes. Sources attest to her expertise and credit her as being ‘extremely hardworking and very smart.’“ Dana is also recognized as a leading practitioner in Expert Guide’s Guide to the World’s Leading Experts in Commercial Arbitration 2013 and is recommended in International Arbitration in the Legal 500 Latin America 2014.

Dana is a member of the Finance Committee of the newly launched New York International Arbitration Center (NYIAC). She is a member of the International Commercial Disputes Committee of the Association of the Bar of the City of New York and coordinates the Annual New York City Bar Vis Moot Practice Session. Dana 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 Chair of Y-ADR, the young arbitrators group of the CPR Institute. She writes and speaks frequently on the subject of international dispute resolution.

Experience

International Arbitration

  • Counsel for a subsidiary of JPMorgan Chase and another financial institution in an ICC international arbitration against the Republic of Uruguay in which the tribunal rendered an award in favor of our clients and against Uruguay for USD100m in damages plus interest and attorneys’ fees.
  • Counsel for a subsidiary of JPMorgan Chase in an ICC international arbitration against the Republic Uruguay in which tribunal denied the Republic’s claims of more than USD 700m.
  • 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.
  • Counsel for European aerospace company in two ICC arbitrations.
  • Counsel for a LNG producer in a series of contract sales price arbitrations with purchasers in Europe.
  • Counsel for a Far East oil company in two arbitrations relating to disputes concerning a joint venture to explore for oil in Siberia.

International Litigation

  • Counsel for the ICC in a lawsuit brought by a party to an ICC arbitration in which we successfully obtained a dismissal of this case 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. This dispute was resolved after mediation.
  • Counsel for Unocal Corporation in lawsuit alleging human rights violations arising from the construction of a natural gas pipeline in Myanmar. This case was resolved after mediation.

*Some of the above matters were handled by Dana prior to joining Sidley Austin LLP.

Publications
  • “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), co-author
  • “Arbitration of International Commercial Disputes,” Successful Partnering Between Inside and Outside Counsel (Robert L. Haig, ed., 2012), co-author
  •  “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)
  • “Document Production in International Arbitration - Document Production in the United States,” ICC International Court of Arbitration Bulletin (December 2006), co-author
  • “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)
Memberships & Activities
  • Chair, Young Attorneys in Dispute Resolution (Y-ADR) of the CPR Institute
  • Y-ADR Steering Committee
  • International Arbitration Club of New York
  • Finance Committee, New York International Arbitration Center (NYIAC)
  • International Commercial Disputes Committee of the New York City Bar Association
  • ICC Commission on Arbitration Task Force on Reducing Time and Cost in Complex Arbitration
  • 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
  • Arbitral Women
  • International Bar Association
  • American Bar Association
News & Achievements
Events

Recent Speaking Engagements:

  • 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, Dec. 2007