Legal System:
Common Law
Practice Areas:
Arbitration, Intellectual Property, Joint Ventures - Consortia - Cooperation, Oil - Gas - Mining
Jurisdiction:
United States
Publications
“Mute Off Thursdays Celebrates its First Anniversary on 15th April 2021!”
ArbitralWomen News Page – April 2021
“Launch of Racial Equality for Arbitration Lawyers (REAL)”
ArbitralWomen News Page – December 2020
“Launch of the ERA Pledge Corporate Guidelines!”
ArbitralWomen News Page – November 2020
“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
“The Launch of Mute Off Thursdays – Virtual Networking and Knowledge-Exchange for Women in Arbitration”
ArbitralWomen News Page – May 2020
“Response by the European Commission on “CETA Arbitrator Roster – Where Are the Women?”
ArbitralWomen News Page – May 2020
“Necessary Change: Planning Past Bias Through the ArbitralWomen Diversity Toolkit™”
ArbitralWomen News Page – May 2020
“Several Firsts for the 2020 Vis East Moot (Virtual Vis East – VVE)”
ArbitralWomen News Page – April 2020
“CETA List of Arbitrators – Where are the Women?”
ArbitralWomen News Page – January 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
Teaching
Adjunct Associate Professor at Brooklyn Law School (International Commercial Arbitration Seminar and coach Brooklyn Vis team) (2009-2021)
Adjunct Professor of Law at Cornell Law School (taught International Business Transactions) (Fall 2008)
Education
J.D., New York University School of Law (New York USA)
B.A., Middlebury College (Vermont USA)
Other Information
Dana MacGrath is an independent arbitrator with more than two decades of experience in international dispute resolution. Her unique mix of experience includes serving as an arbitrator, arbitration practitioner, and in-house counsel in arbitration finance.
Most recently, Dana served as Legal Counsel and Investment Manager at Omni Bridgeway, a leading global litigation and arbitration finance company. In this role, she led arbitration investments out of the United States while also serving as an independent arbitrator. Prior to joining Omni Bridgeway, Dana was a partner in the international arbitration group at Sidley Austin LLP. Previously, she served as an international arbitration practitioner and arbitrator at Allen & Overy LLP and O’Melveny & Myers LLP. She started her legal career in the litigation department at Sullivan & Cromwell.
Dana’s high-stakes international arbitration matters have involved a variety of businesses and industries, among them oil and gas, LNG, energy, construction, finance, telecommunications, intellectual property, construction, sale of goods, and international investments. She has also represented parties regarding the enforceability of arbitration agreements and arbitral awards under the New York Convention, disputes regarding forum selection and choice of law clauses, sovereign immunity, arbitral immunity, and discovery pursuant to 28 U.S.C. § 1782.
Dana has been recognized as a leader in international arbitration in various directories including Chambers USA – Nationwide – International Arbitration and Who’s Who Legal: Arbitration. She has also been recognized in the field of arbitration finance in various directories including Leaders League – Arbitration Finance and LawDragon: Global 100 Leaders in Legal Finance.
Dana is active within the international arbitration field across arbitral institutions and organizations. She is on the Council of the AAA-ICDR, co-chairs the AAA Large Complex Case Committee, and is a member of the AAA Nominating and Governance Committee. Dana is also an active member of the CPR Arbitration Committee. Previously she served as Chair of the Arbitration Committee of the Association of the Bar of the City of New York, and as co-chair of the CPR Institute Arbitration Rules Revision Committee that revised CPR’s domestic and international arbitration rules. Additionally, Dana served on the ICC Commission on Arbitration Task Force on Reducing Time and Cost in Complex Arbitration and 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.
Dana is a committed leader in the diversity and inclusion space. She has been President of the Board of Directors of ArbitralWomen since 2018, having joined the Board in 2016. She is also on the Global Steering Committee of the Equal Representation in Arbitration Pledge, and on the Global Steering Committee of Racial Equality for Arbitration Lawyers. She is also on the Advisory Board of the Rising Arbitrators Initiative and the North American Committee for the Campaign for Greener Arbitrations.
Dana regularly speaks and writes on international arbitration issues. She co-authored a chapter on Covid-19 and Third-Party Funding published by Kluwer International in 2020, and several articles on recent case law regarding U.S. discovery pursuant to 28 U.S.C. § 1782 in aid of foreign arbitrations. She has long served as an adjunct professor of law at Brooklyn Law School teaching a seminar on international commercial arbitration and coaching the Brooklyn Vis Moot team.
Dana received her J.D. from New York University School of Law and her B.A., cum laude, from Middlebury College. She is a member of the New York Bar. She is fluent in English and proficient in French, having majored in French at Middlebury and lived in Paris for a year.
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Litigation finance; international arbitration; international litigation; U.S. judicial enforcement of arbitration awards
