Arbitration Experience

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:

• American Arbitration Association - knowledge of software and Internet law - claim for breach of contract between two American companies concerning an Internet advertising contract to drive traffic to retail web site, claim for damages in excess of US $6 million
  

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• American Arbitration Association-knowledge of securities law-claim for breach of sales agreement, claim of 20% of outstanding shares of company.

• American Arbitration Association-claim for breach of development agreement, seeking damages of US $1 million.

• American Arbitration Association-knowledge of internet law and internet architecture Claim for breach of internet advertising services agreement, amount in dispute US $300,000.

• American Arbitration Association-knowledge of internet law and internet architecture-claim for breach of network storage agreement, amount in dispute US $700,000.

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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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

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• American Arbitration Association—Knowledge of patent and trade secret law, knowledge of medical devices—claim for inventorship and/or theft of trade secrets re: total knee replacement (TKR) high-flexion device, claim for damages in amount of US $30 million.

• American Arbitration Association-knowledge of software-claim for breach of contract re: software installation, claim for US $10 million.
  
  

• American Arbitration Association-knowledge of software-claim for breach of contract of software distribution agreement, claim for US $1 million.

• American Arbitration Association-knowledge of software-claim for breach of software distribution agreement, claim for royalties in an amount to be determined by audit.

• American Arbitration Association-knowledge of software-claim for breach of joint development agreement regarding software, seeking damages of US $8 million.

• 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.

• 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.

• 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.

• 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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