Dana has a broad range of experience in international arbitration and litigation as well as U.S. litigation.
Dana has participated in arbitrations before the major international arbitration institutions as well as ad hoc arbitration panels. She also has served as an arbitrator in ICC arbitrations. In the context of international litigation, Dana has experience in representing 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 writes and speaks frequently on current issues in international litigation and arbitration. She is an Adjunct Associate Professor at Brooklyn Law School, where she teaches a seminar on International Commercial Arbitration.
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.
Admitted: U.S. District Courts
Southern District of New York, 1998
Eastern District of New York, 1998
Admitted: Bar of the State of New York State, 1997
J.D., New York University, 1996
B.A., cum laude, Middlebury College, 1991
'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)
Chapter 58, 'Arbitration of International Commercial Disputes,' Successful Partnering Between Inside and Outside Counsel, Haig, ed., 2d ed. (West Group and ACCA 2009) (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), September 2007 (Vol. 4, Issue 5)
'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)