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Phone: (914) 715-6024

Skadden Arps Slate Meagher & Flom LLP (Ret.) 25 Autenrieth Road

Scarsdale, NY 10583

Dana Freyer

Profession:

Retired Partner, Skadden, Arps, Slate, Meagher & Flom LLP,

Current Employer:

Arbitrator

Areas of Expertise:

✔ Commercial/Business ✔ Contract Disputes
✔ Energy including oil and gas ✔ Intellectual Property
✔ International ✔ Joint Ventures
✔ Licensing ✔ Mergers & Acquisitions
✔ Partnerships ✔ Pharmaceuticals
✔ Shareholder Disputes ✔ Telecommunications
✔ Trade Secrets and Confidentiality Disputes

Experience:

Over 36 years handling all types of U.S. and international commercial litigation and arbitrations under major rule systems, including ICC, UNCITRAL, ICSID, Stockholm Chamber of Commerce, ICDR and CPR and in mediations and other ADR proceedings. Particular experience in cases concerning complex commercial contracts, employment, intellectual property, procurement, corporate governance, joint ventures, investments, concessions and State contracts in various industries, including financial services, telecommunications, pharmaceutical, natural resources, oil and gas and energy. Repeatedly selected for inclusion in Chambers Global: The World's Leading Lawyers (International), and Chambers USA. Listed in: "America's Leading Lawyers for Business"; "The Best Lawyers in America"; named by Euromoney as one of the world's leading experts in commercial arbitration, as one of the "50 Top Women Litigators in America," by the National Law Journal and as one of the "All-Female Top 30" arbitrators worldwide by Global Arbitration Review (2007).

Represented clients in domestic and international arbitrations, mediations and other ADR proceedings. Worked with clients and other in-house attorneys in structuring dispute resolution contract clauses and developing conflict management and dispute resolution systems. Served as chair, sole arbitrator or panel member in numerous AAA domestic and international disputes under ICC and AAA/ICDR Rules. Since 2009, has served as chair, sole arbitrator and panel member in more than fifteen (15) domestic and international arbitrations under the ICC, ICDR and UNCITRAL arbitration rules.

Work History:

Arbitrator (2004-Present); Partner/Special Counsel/Associate, Skadden, Arps, Slate, Meagher & Flom LLP, 1997-2009; Associate, Friedman & Koven, 1973- 77; Staff Attorney, Legal Aid Society of Westchester County, 1971-72; Assistant to Afghanistan Ambassador to the United Nations, 1965-68.

Cases:

Led a Skadden team that represented Indonesia’s majority state-owned domestic telecommunications company in an ICC arbitration in Geneva involving more than $1.5 billion in breach of contract claims arising out of a telecommunications joint operating arrangement. The case was settled on terms extremely favorable to our client.

• One of two partners responsible for the firm’s representation of a Houston-based energy company and its Argentine subsidiary challenging certain actions by the government of Argentina in an arbitration brought under the U.S./Argentina Bilateral Investment Treaty before the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) involving claims of expropriation and unfair treatment arising out of an electric utility concession in an Argentine province.

• Led a Skadden, Arps team that negotiated the return of a $10 million bond held by the government of Pakistan in connection with a client’s planned construction of a power plant in Pakistan. The firm had prepared to commence arbitration proceedings in Singapore under the ICSID arbitration rules, and to seek injunctive relief from a local Pakistan court to prevent the government’s draw down of the bond. Moments prior to commencing these proceedings, we negotiated the return of the bond uncashed.

• Represented a Mexican telecommunications company in an AAA international arbitration and related litigation involving a shareholder’s challenges to certain corporate actions.

• One of two partners principally responsible for the firm’s representation of a subsidiary of a Canadian mining company in two London-based UNCITRAL arbitration proceedings against the government of Kazakhstan arising out of a dispute over an exploration and development agreement for the Vasilkovskoye gold prospect in northern Kazakhstan. The representation resulted in a $25 million recovery by our client.

• Representation of a Polish telecommunications company in an arbitration in Vienna under the rules of the International Arbitral Centre of the Vienna Federal Economic Chamber against a German telecommunications company in connection with disputes arising out of a telecommunications joint venture.

• Representation of a Polish telecommunications company against a U.S. company in an ICC arbitration in London in connection with claims against a German company arising out of an acquisition agreement.

• Represented a U.S. company in an ICC arbitration in Singapore against a Korean corporation involving a governance claim relating to a Korean joint venture company in which the parties were 50/50 shareholders.

• Represented a Trinidad special purpose entity formed by a number of major oil and gas companies that built and operates liquefied natural gas facilities in Trinidad in an AAA international arbitration brought by a former shareholder and a related Trinidad court proceeding regarding the applicability of Trinidad withholding tax to certain payments due to the claimant and in numerous other disputes relating to the LNG facilities’ operations and agreements.

• Participated in the firm’s successful representation of Dabhol Power Company of Bombay, India, in connection with arbitration proceedings in London, under the UNCITRAL Rules, against the Indian State of Maharashtra. The proceedings arose from the interruption by the State of a massive electric power project, one of the largest of its type ever started in India. Dabhol Power is a consortium of U.S.-based Enron Corporation, General Electric Co. and Bechtel Enterprises. The damages sought were $350 million. The arbitration led to the successful resolution of the matter and the resumption of the project. Negotiated and drafted the arbitration clauses in the original Dabhol Power Company project agreements.

• Provided significant advice to a major U.S. energy company in regard to a dispute over an electric power generation project it had constructed in China. The local utility had refused to make the required payments under its power purchase contract with the energy company’s Chinese subsidiary. The dispute resolution provisions of the power purchase contract called for binding arbitration in Singapore under the rules of the ICC. As the enforceability of this provision was uncertain, analysis was also done with regard to possible arbitration under the China International Economic and Trade Arbitration Commission. Following certain actions taken by the U.S. company, the parties negotiated a resolution of the dispute.

• Participated in the firm’s representation of the joint venture owners of a power project in the Dominican Republic against a stated-owned utility and the Dominican Republic in an ICC arbitration venued in Mexico City. Although the disputes arise primarily under the power sales agreement, the owners defended against the utility’s claim for damages for late delivery of the plant in part based on the contractor’s delays.

• Advised two U.S. energy companies on their contractual rights under power purchase and other agreements for Indonesian power projects in connection with the government of Indonesia’s 1997 postponement of those projects.

• Representation of U.S., French and Canadian companies and their Latin American special purpose subsidiaries as the nonoperators of a Venezuela oil production concession in a dispute subject to ICC arbitration with the operator of the concession.

• Representation of a U.S. automobile parts manufacturer in an ICC arbitration venued in London involving claims against a German company for misappropriation of trade secrets and confidential information and breach of confidentiality obligations.

• Representation of a Hungarian tire manufacturer in an ICC arbitration venued in Paris arising from a technology transfer contract governed by Swiss law against a U.S. tire manufacturer. This case was resolved through a nonbinding mini-trial procedure that we designed.

• Representation of a U.S. company in arbitration against a Chinese company involving breach of contract claims held in Stockholm under the SCC rules.

• Representation of a U.S. investment banking firm in disputes under ICC and UNCITRAL rules with Polish entities respecting privatization issues.

• Representation of a U.S. baked goods manufacturer in a nonbinding mini-trial involving claims of misappropriation of trade secrets with respect to certain baked goods.

Training:

AAA Maximizing Efficiency & Economy in Arbitration: Challenges at Preliminary Hearing 2013; CPR Advanced Mediator Training, 2009; ICDR 6th Annual Miami International Arbitration Conference, 2008; Faculty, ICDR International Commercial Arbitration and Mediation, 2007; ICDR, The International Arbitration's Deliberations and Determinations, 2006; ICDR International Symposium, 2006; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2005; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2005; AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2002; AAA Arbitrator Update 2001; Chartered Institute of Arbitrators: Fast-Track Training Programme for Fellows, 2001; AAA International Arbitrator Training, 2000; various other ADR training, including Chartered Institute of Arbitrators' training for qualification as a fellow.

License:

Retired From the Practice of Law.

Admitted to the Bar: New York, 1972; Illinois, 1974; U.S. District Court: Northern District of Illinois, Southern and Eastern Districts of New York; U.S. Court of Appeals: Second and Seventh Circuits; U.S. Supreme Court.

Panels:

AAA/ICDR Commercial and International College of Commercial Arbitrators CPR (Former)
Chartered Institute of Arbitrators Fellow (Former)

Education:

Columbia University Law School, JD
Connecticut College, BA

Publications:

• Attachment of Debts Owed to Sovereigns, Enforcement of Arbitral Awards Against Sovereigns (2009)

• The Enforcement of Awards Affected by Judicial Orders of Annulment at the Place of Arbitration, Enforcement of Arbitration Agreements and International Arbitral Awards, The New York Convention Practice (2008

• Assessing Expert Evidence, The Leading Arbitrators Guide to International Arbitration, Second Edition (2008)

• The Concept of Ethical Rules or the New IBA Guidelines on Conflicts of Interest in International Arbitration, American Arbitration Association, 21st Edition ADR and the Law (2007) (Co-Author)

• Recovering Damages for Unjust Enrichment in International Arbitration, World Arbitration and Mediation Review, vol. 1, no. 1 (2007)

• The United States Federal Arbitration Act and the UNCITRAL Model Law: How and Why are They Different?, IPBA Journal (September 2006)

• Limiting and Expanding By Contract U.S. Court Review of Arbitral Awards, Mealey’s International Arbitration Report (March 2006)

• Most-Favored-Nation Treatment and Dispute Settlement in Investment Arbitration: Just How 'Favored' is ‘Most-Favored’? ICSID Review - Foreign Investment Law Journal, vol. 20, no. 1 (Spring 2005) (Co-author)

• Commentary: Drafting Arbitration Clauses in Contracts Involving Sovereigns, International Arbitration, vol. 18, no. 3 (2002)

• L’arbitrage baseball un mode original de règlement alternatif des différends (English translation: “Baseball Arbitration, an Original Method of Alternative Dispute Resolution,” Les Echos (May 28, 2001) (in French)

• United States Recognition and Enforcement of Annulled Foreign Arbitral Awards – The Aftermath of the Chromalloy Case, J. International Arbitration, vol. 17, no. 2 (April 2000)

• Practical Considerations in Drafting Dispute Resolution Provisions in International Commercial Contracts: A US Perspective, J. International Arbitration, vol. 15, no. 4 (December 1998)

• Bilateral Investment Treaties and Arbitration, Dispute Resolution Journal (May 1998) (Co-author)

• Getting to ‘Fast-Track’ Arbitration: Pre-dispute Agreements and Post-dispute Techniques, Improving International Arbitration: Liber Amicorum Michel Gaudet, International Chamber of Commerce, 1998 (Article based on author’s presentation at the ICC Michel Gaudet Day, May 7, 1998)

• Arbitration Under Bilateral Investment Treaties: An Often Overlooked Tool, Mealey’s International Arbitration Report, vol. 13, no. 5 (May 1998) (Co-author)

• Finality and Enforceability of Foreign Arbitral Awards: From “Double Exequatur” to the Enforcement of Annulled Awards: A Suggested Path to Uniformity Amidst Diversity, ICSID Review Foreign Investment Law Journal, vol. 13, no. 1 (Spring 1998) (Co-author)

• Dispute Resolution Clauses Require Effective Drafting in Power Project Agreements, Private Power Executive (January-February 1997)

• The American Experience in the Field of ADR in Alternative Dispute Resolution: What It Is and How It Works, Universal Law Publishing Co. Pvt. Ltd. (ed. P.C. Rao 1997)

• Negotiating and Drafting Effective Dispute Resolution Provisions in International Commercial Agreements, The Metropolitan Corporate Counsel (February 1997)

• ADR Burgeons in Cross-Border Deals, National Law Journal (November 18, 1996)

• Integrating ADR: A Matter of Legal Practice, Dispute Resolution Journal (April/September 1996)

• Bringing ADR Programs In-House Promotes Important Corporate Goals, New York Law Journal (July 26, 1993)

• Contributing author, Strategic Use of Dispute Resolution Alternatives to Litigation Winning in Strategies and Techniques for Civil Litigators (ed. Lyons 1992)

• Foreign Arbitration Award Can Only Be Vacated in Country Where the Arbitration Took Place, International Business Lawyer (January 1991) (Co-author)

• The Integration of ADR Into Corporate Law Firm Practice, Arbitration Journal (December 1990)

Miscellaneous:

• Presentation at PLI International Arbitration 2010, on Practicing Tips from Leading Arbitrators, March 2010

• Presentation at International Section Annual Meeting, New York State Bar Association, on Practicing Tips from Leading Arbitrators , January 2010

• Presentation at Fourth Annual ICC New York Conference ICC Arbitral Awards: Defining Features, on Final and Partial Awards in International Commercial Arbitration, September 2009

• Presentation at Sixth Annual Florida Bar’s International Litigation and Arbitration Conference as arbitrator for mock arbitration, Miami (2008)

• Moderator at International Centre for Dispute Resolution Annual International Arbitration Conference on Arbitrator Disclosure, Conflicts and Challenges in International Commercial Arbitration, Miami (2008)

• Presentation at Leading Arbitrators’ Symposium on the Conduct of International Arbitration on Discovery in International Arbitration, Chicago (September 2006), New York (June 2007)

• Presentation at CPR 2007 Annual Meeting on Challenges in Award Enforcement: Problems Faced by Non-Signatories in Arbitration, January 2007

• Presentation at ICDR's International ADR Reporting Series on Drafting the Arbitration and Mediation Clause for a Telecommunications Agreement, November 2006

• Presentation at ICC/ICCAB/KOCIA Conference on Choice of Venue, Rules and Governing Law, Seoul, South Korea, October 2006

• Presentation at L’Union Internationale des Advocats 2002 Conference on The New York Convention: Is It In Need of Reform? Sydney, Australia - October 2002

• Presentation at Business Law International 2001 Conference of the International Bar Association on Making Arbitration More Efficient and Cost-Effective, Cancun, Mexico - October 2001

• Participation in a Mock Arbitration Proceeding and Commentary at the Twelfth Annual Workshop of the Institute for Transnational Arbitration on Arbitrating with Sovereigns, Dallas - June 2001

• Presentation at International Bar Association on International Arbitration in Asia: Drafting Effective Provisions, Managing the Process and Enforcing Awards on Negotiating and Drafting of International Dispute Resolution Provisions, San Francisco - November 2000

• Presentation at International Bar Association on Arbitration and Bilateral Investment Treaties, Barcelona, Spain - September 1999

• Presentation at ABA Symposium on Arbitration of International Energy Disputes, (SONREEL/ALPN) Site Selection: Where and Where Not to Arbitrate International Energy Disputes, Houston - January 1998

• Presentation at ICC Conference on Fast-Track Arbitration and Beyond: Is There Emerging a New Need for Speed in International Commercial Arbitration? Paris - May 1998

• Presentation at New York State Bar Association on Continuing Legal Education on Selected Issues in International Arbitration, New York - June 1998

• Presentation at Skadden’s seminar for foreign government representatives on The Importance of International Arbitration in Attracting Foreign Investment, Washington, D.C. - October 1998

• Presentation at International Law Association International Law Weekend on Ad Hoc v. Administered International Arbitration, New York - November 1998

• Presentation to the Executive Summit on Risk Mitigation for International Power Projects on Negotiating and Drafting Effective Dispute Resolution Clauses in International Power Project Agreements, Washington, D.C. - March 1997; New York and San Francisco - October 1996

• Presentation at the ABA International Arbitration Institute on International Arbitration Clause Drafting, Chicago - April 1997

• Presentation at ADR Superconference on Effective Management of International Arbitrations, Washington, D.C. - April 1997

• Presentation at ADR Superconference on ADR in Mergers and Acquisitions, Washington, D.C. - April 1997

• Presentation to Coastal Corporation’s lawyers and business people on Arbitration and Other Dispute Resolution Issues for International Power Projects, Houston - October 1997

• Presentation to Destec’s lawyers and business people, Negotiating and Drafting Effective Dispute Resolution Clauses in International Power Project Agreements, Houston - October 1997

• Presentation at the 14th Joint Colloquium (ICSID/ICC/AAA) on International Arbitration on Enforcement of Foreign Arbitral Awards, Washington, D.C. - November 1997

• Presentation at AAA Corporate Counsel Committee meeting on Drafting Arbitration and Dispute Resolution Clauses, New York - June 1996

• Presentation to the ABA Committee of Corporate General Counsel on Negotiating and Drafting Effective Dispute Resolution Clauses in International Commercial Agreements, Amelia Island, Fla. - October 1996

• Presentation at the Executive Summit on Risk Mitigation for International Power Projects on Choosing the Best Dispute Resolution Mechanisms, New York - November 1995

• Panelist at ABA Annual Meeting on Corporate and Law Firm Use of Alternative Dispute Resolution, Chicago - August 1995

• Presentation at Skadden, Arps’ client seminar on Current Issues in International Arbitration and Dispute Resolution Affecting International Transactions, New York - May 1995

• Presentation at American Arbitration Association Corporate Counsel Committee meeting on Drafting Dispute Resolution Clauses in International Transactions, New York - December 1995

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