hero-find-an-arbitrator

Phone: (650) 823-0338

3790 El Camino Real Suite 171

Palo Alto, CA 94306

M. Scott Donahey

Profession:

Arbitrator and Mediator,Self-employed

Current Employer:

Independent Arbitrator & Mediator

Experience:

Representative cases as Sole Arbitrator include:

Claim concerning supply contract between American company and Ukrainian mining company for US$ 5 million.

Claim concerning software distribution contract in China between U.S. company and Chinese company for US$ 4.5 million.

Claim concerning telecommunications contract between two U.S. companies for damages in excess of US$ 10 million.

Claim concerning joint development agreement between two American software companies seeking damages in excess of US$ 10 million

Representative cases as Panel Chair include:

A series of six arbitrations concerning telecommunications contract between two U.S. companies seeking damages in excess of $150 million

Claim concerning patent for balloon catheter technology between two U.S. companies seeking damages in the tens of millions of dollars

Claim concerning joint development and distribution agreement for a genomics database product seeking damages in excess of US$ 30 million.

Claim concerning patent for coronary stent technology between two American companies seeking damages in excess of US$ 450 million.

Claim concerning contract for the construction and implementation of a satellite communications system for a foreign government party between Canadian company and American company seeking damages in excess of US$ 100 million.

Representative cases as co-arbitrator include.

Claim concerning contract for joint development of pharmaceutical product between American company and Japanese company claiming damages in excess of US$50 million.

Claim concerning distribution agreement between U.S. manufacturer and Australian distributor seeking damages in excess of US$ 10 million.

Claim concerning contract for software installation between two U.S. companies seeking US$ 10 million.

Claim concerning software distribution contract between two U.S. companies seeking damages in excess of $US 5 million.

Work History:

Litigated and arbitrated complex Commercial disputes, including class actions, securities, toxic torts, and large construction projects. Special experience with international disputes and intellectual property disputes including, patents, trademarks copyrights, and trade names. Particular industry knowledge in the following fields: computers (including peripherals and software); biotechnology; pharmaceuticals, and the licensing of various types of technology. Special competence in Internet related matters. Adjunct professor at Santa Clara University School of Law, teaching

Cases:

World Intellectual Property Organization, Workshop for Arbitrators, 2001-2005; University of London International Arbitration Summer School, 1992-1996; Faculty, Asia Pacific Center for the Resolution of International Commercial Disputes, International Arbitrator Training, in 1990

Training:

Admitted to the Bar: California, 1978; Arizona, 1989; Illinois, 1990; U.S. District Court: Northern (1978), Eastern (1979), Central (1990) and Southern (1990) Districts of California; Northern District of Illinois, 1990, Northern District of Illinois Trial Bar, 1992, District of Delaware, 1993; U.S. Court of Appeals: Ninth (1982); Eleventh (1988); and Federal (1991) Circuits.

License:

President's Award for outstandin contributions in the field of Alternative Dispute Resolution; voted by peers as SuperLawyer in field of ADR.

Panels:

Master, San Francisco Bay Area Intellectual Property Inn of Court; Member and past-President, Northern California International Arbitration Club, Member, Panel of Arbitrators American Arbitration Association Large Complex Case Panel, IP, Science & Technology Panel; CPR Panel of Distinguished Neutrals, Northern California Regional Panel, Technology Panel; National Arbitration Forum, IP Panel.

Member of the following international arbitration panels: International Centre for Dispute Resolution; CPR Panel of Distinguished Neutrals, International Panel; World Intellectual Property Organization Arbitration Center; British Columbia International Commercial Arbitration Centre; Korean Commercial Arbitration Board; Kuala Lumpur Regional Centre for Arbitration; Hong Kong International Arbitration Centre; Republic of China Commercial Arbitration Centre; Japan Commercial Arbitration Association; Singapore International Arbitration Centre; Polish Chamber of Commerce Court of Arbitration; List of Foreign Arbitrators, Court of Arbitration Attached to the Chamber of Commerce and Industry of Romania.

Associations:

Stanford University (BA, with distinction); Johns Hopkins University (MA); Santa Clara University School of Law (JD, summa cum laude)

Education:

Chapters on International Mediation and Conciliation

Publications:

Chapter 33, and Unique Problems Posed by Intellectual Property Disputes

Miscellaneous:

Chapter 18, in THE ALTERNATIVE DISPUTE RESOLUTION PRACTICE GUIDE, The West Group, 2001; speaker, International Arbitration of Intellectual Property Disputes

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