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Mr. Donahey has worked as a Sole Arbitrator, Co-Arbitrator,
and Chair in a variety of cases, as well as participated in over
150 domain name arbitrations. The following are short
descriptions of representative cases he has arbitrated:
Sole Arbitrator
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American
Arbitration Association—knowledge of software and
Internet law—claim for breach of contract between two
American companies for breach of contract for the creation
of web sites and provision and integration of Customer
Relationship Management software, claim for damages in
amount of US $1.5 million.
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British
Columbia International Commercial Arbitration Centre—knowledge
of international commercial transactions—claim for breach of
contract between American company and Ukrainian mining
company concerning supply contract, claim for damages in
amount of US $5 million.
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CPR
Institute for Dispute Resolution—knowledge of software,
Chinese copyright law, intellectual commercial
transactions—claim for breach of contract of sale of
business agreement and distribution of software in China
between American company and Chinese company, claim for
damages in amount of US $4.5 million.
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CPR
Institute for Dispute Resolution—knowledge of
telecommunications industry, telecommunications
law—telecommunications dispute between two major U.S.
telecommunications companies, claim for US $2 million.
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International Centre for Dispute Resolution—knowledge of
international commercial transactions—claim for breach of
distribution agreement between American company and Swiss
distributor, claim for damages for US $52,000.
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International Centre for Dispute Resolution—knowledge of
internet technology—dispute between U.S. company and Central
American company regarding live internet gambling
technology, undisclosed amount in dispute, injunctive
relief.
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International Chamber of Commerce—knowledge of
international commercial transactions—claim for breach of
contract between Japanese company and Russian company—claim
for damages in amount of US $3 million.
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American
Arbitration Association—knowledge of securities
law—claim for breach of sales agreement, claim of 20% of
outstanding shares of company.
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American
Arbitration Association—claim for breach of development
agreement, seeking damages of US $1 million.
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American
Arbitration Association—knowledge of internet law and
internet architecture Claim for breach of internet
advertising services agreement, amount in dispute US
$300,000.
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American
Arbitration Association—knowledge of internet law and
internet architecture—claim for breach of network storage
agreement, amount in dispute US $700,000.
>> Top
Panel Chair
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International Chamber of Commerce—knowledge of
biotechnology and patent law—claim for breach of contract
between an American company and a Russian scientist resident
in America concerning the assignment and ownership of
patents concerning the use of single molecule Raman
spectroscopy for Direct DNA sequencing and of patents
concerning the use of a “nanolens” to directly identify each
individual sub-unit in a single strand of DNA as the
sub-unit is encountered, claim for the assignment of the
patents at issue, which have been valued as in excess of US
$10 million.
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CPR
Institute for Dispute Resolution—knowledge of
telecommunications industry, practice, and law—a series of
six arbitrations concerning fraud and breach of contract in
a series of six arbitrations -- claims from damages in
excess of US $150 million.
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CPR
Institute for Dispute Resolution—knowledge of patent
law, biotechnology, pharmaceutical—claim for patent
infringement regarding a patent for balloon catheter
technology—amount in dispute undisclosed, but in the tens
of millions of U.S. dollars.
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CPR
Institute for Dispute Resolution—knowledge of
biotechnology, patent law, and pharmaceuticals—claim for
patent infringement concerning coronary stent technology,
seeking damages in the hundreds of millions of U.S. dollars.
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ad
hoc (UNCITRAL Rules)—knowledge of international
commercial transactions—claim for breach of technology
development agreement between a Canadian company and an
American company concerning a project for the government of
Malaysia, damages sought US $100+ million.
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American
Arbitration Association—knowledge of biotechnology,
pharmaceutical industry—claim for breach of development and
license agreement in biotechnology field (genomic database
product), claim for US $30 million.
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International Centre for Dispute Resolution—claim for
breach of purchase and sale agreement between U.S.
shareholders and U.K. company, amount in dispute US $12
million.
>> Top
Co-Arbitrator
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American
Arbitration Association—knowledge of software—claim for
breach of contract re: software installation, claim for US
$10 million.
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American
Arbitration Association—knowledge of software—claim for
breach of contract of software distribution agreement, claim
for US $1 million.
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American
Arbitration Association—knowledge of software—claim for
breach of software distribution agreement, claim for
royalties in an amount to be determined by audit.
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American
Arbitration Association—knowledge of software—claim for
breach of joint development agreement regarding software,
seeking damages of US $8 million.
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Japan
Commercial Arbitration Association—knowledge of patent
law, international commercial transactions—claim for breach
of contract, patent license agreement, between Japanese
company and American company.
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International Centre for Dispute Resolution—knowledge of
international commercial transactions—claim for breach of
distribution contract between American company and
Australian distributor, amount in dispute US $10 million.
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Co-arbitrator—ad hoc.—arbitrator in mock
arbitration of international oil and gas concession
agreement and farm-out agreement between two American
companies operating in China, amount in dispute US $150
million.
>>
Top
Domain Name
Arbitrations
Over 150 domain
name arbitrations for the following institutions: World
Intellectual Property Organization; CPR Institute for Dispute
Resolution; Asian Domain Name Dispute Resolution Centre;
eResolution; Hong Kong International Arbitration Centre; .hk
Domain Name Panel, Hong Kong International Arbitration Centre; .cn
Domain Name Panel, China Internet Network Information Center,
Hong Kong International Arbitration Centre; .us Domain
Name Panel, United States Department of Commerce, American
Arbitration Association; and .pw Domain Name Panel, Hong
Kong International Arbitration Centre.
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