WIPO Arbitration Workshop - Faculty

Mr. Cook was formerly a partner with Bird & Bird in London and has extensive experience in multi-jurisdictional patent litigation. He is on the WIPO List of Arbitrators and has acted as arbitrator in a complex international WIPO patent arbitration.

Mr. Cook is Chairman of the British Copyright Council and is the immediate past President of the UK Group of the International Association for the Protection of Intellectual Property (AIPPI).

In addition to numerous articles, Mr. Cook has authored, co-authored and edited several books, especially on patent issues, in particular The Modern Law of Patents (General Editor) (LexisNexis 2005, 2010, 2014 in press), Pharmaceuticals Biotechnology and the Law (Author) (Macmillan 1991, LexisNexis 2009, 2014 in press), A User’s Guide to Patents (Author) (Butterworths 2002, Tottel 2006, Bloomsbury 2011, 2014 in press), EU Intellectual Property Law (Author) (Oxford University Press 2010), International Intellectual Property Arbitration (co-author with Alejandro Garcia) (Wolters Kluwer 2010) and The Protection of Regulatory Data in the Pharmaceutical and Other Sectors (Author - Sweet & Maxwell 2000).

M. Scott DONAHEY is an arbitrator and mediator with more than 20 years’ experience in complex commercial, intellectual property, and international commercial disputes. In prior practice, he was a litigator in San Francisco, New York, and Palo Alto law firms. He has served as adjunct professor at the Santa Clara University School of Law and at the Golden Gate University School of Law.

Mr. Donahey has been an arbitrator and mediator of disputes involving patent infringement, trademarks, domain names, joint development agreements, licensing agreements, distribution agreements, copyright infringement, and other complex commercial matters involving damages claims in the tens of millions and hundreds of million dollars. He is on numerous arbitration and mediation panels around the world.

Mr. Donahey is a member in good standing of the bars of California, Illinois, and Arizona, as well as the bars of numerous federal courts. He received his B.A. from Stanford University, with distinction, his M.A. from the Johns Hopkins University, and his J.D. degree from Santa Clara University, summa cum laude. He lives in Los Altos with his wife and youngest daughter.

Rachael KENT, a national of the United States, is a partner in WilmerHale's Litigation/Controversy Department in Washington, D.C., and a vice chair of the International Arbitration Practice Group.

Ms. Kent represents clients in a wide variety of commercial and investment disputes in arbitration proceedings, under numerous substantive and procedural governing laws and under the rules of numerous arbitral institutions, including WIPO. Her experience includes ad hoc and institutional arbitrations, seated in both common law and civil law jurisdictions, including Bermuda, Geneva, Hong Kong, London, New York, Paris, The Hague, Vienna and Zurich. Ms. Kent has represented parties in numerous arbitrations involving IP license agreements and recently handled a complex arbitration involving issues of patent validity. She also represents parties in a broad range of other disputes, including in the energy, financial services, insurance, manufacturing, and telecommunications sectors, as well as disputes arising from M&A and joint venture agreements.

Ms. Kent teaches international arbitration at the Georgetown University Law Center and has taught at the Duke University School of Law. She frequently speaks and writes on topics related to international arbitration.

Christian LOYAU, a national of France, is the current Director for Legal Affairs of the European Telecommunications Standards Institute (ETSI). He has practiced in law firms in Denmark and France, and has served as an in-house lawyer for Digital Equipment Corporation and Cap Gemini in France. For 12 years Mr. Loyau held the position of Legal Director for International Affairs for the French telecommunications company Matra Communication, and he was involved in the IPR group of ETSI from 1993 to 1996. He also served as General Counsel and Secretary of the Board of the French IT company Bull for 14 years. Mr. Loyau graduated from the University of Paris in commercial, corporate and IP law.

David PERKINS, a national of the United Kingdom, was formerly a partner in Arnold & Porter (UK), LLP’s intellectual property practice in London from 2012-2013. Prior to joining Arnold & Porter (UK), LLP, he served in major leadership positions in the intellectual property practice area at international law firms. He was a partner at Clifford Chance from 1975 to 2003 in which he headed its European intellectual property litigation practice and subsequently at Milbank Tweed’s London office from 2003 to 2009.

Mr. Perkins concentrated his practice on multijurisdictional patent litigation, as well as trademark and antitrust issues. He also handled oppositions and appeals before the European Patent Office in Munich and references to the European Court of Justice (ECJ) in Luxembourg. He also acted as counsel and arbitrator in numerous arbitrations involving intellectual property rights.

Mr. Perkins has had significant involvement in advising in relation to both mediation and arbitration of multi-jurisdictional disputes involving intellectual property rights, and has been appointed as arbitrator or mediator in a number of cases under WIPO Rules. He is also a Panelist for WIPO’s Domain Name Dispute Resolution Service. His practice is now focused entirely on acting as an arbitrator and mediator and, in addition to the WIPO panels, he is also a member of the arbitration panels of HKIAC (Hong Kong); SIAC (Singapore); KLRAC (Kuala Lumpur); and JAMS International. He also holds appointments as arbitrator for the IFTA (Independent Film & Television Alliance), in disputes under ICC and LCIA Rules and is chairman of an ICC Dispute Resolution Board.

Mr. Perkins is a member of several professional bodies including the Law Society, the International Bar Association (IBA). He is a foreign member of the American Bar Association (ABA) and the American Intellectual Property Law Association (AIPLA). He was a Council Member of the Intellectual Property Institute (IPI), and of the Intellectual Property Lawyers Organisation (TIPLO), of which he was also a founding member. He is a member of the Executive Committee of the European Union of Intellectual Property Practitioners (UNION-IP) and a Council Member of the British Group of UNION. He also served as a member of the UK Government's Intellectual Property Advisory Committee (IPAC) from August 2001 to April 2005.

Mr. Perkins has written over 50 publications. He studied Law at Newcastle University.

Peter MICHAELSON, a national of the United States of America, serves, since 1991, as an ADR neutral primarily involving IP (patent and trademark), IT, and other technology related disputes encompassing, e.g., telecom, infrastructure (including BIT disputes) and energy (oil, gas, solar), and secondarily other commercial areas. Also served, from 1979-2012, as an active IP practitioner concentrating in patent matters (primarily complex electronic, communications and computer-related and mechanical technologies) and trademark matters; and from 2010-2012 as General Counsel (virtual) for Direct Grid Technologies, LLC.

As a neutral, Mr. Michaelson has arbitrated over 500 domestic and international disputes primarily: IP, IT, telecom, and other technology-related disputes, and secondarily other commercial disputes; with damages claimed in some of those disputes in the range of US $100-600 Million. Handled domestic and international arbitrations under UNCITRAL, ICC, LCIA, WIPO, CPR and AAA/ICDR rules. Serves as chair, sole arbitrator and co-arbitrator. Mediated over 200 domestic and international disputes, including an international patent dispute concerning mechanical and electronic aeronautical technologies with approximately US $600 Million at issue. Mediated numerous patent litigations in US District Courts involving complex electronic and mechanical technologies and Hatch Waxman based pharmaceutical patent disputes. Serves as Court-appointed expert in patent law. Mediates a wide range of other substantive areas for the New Jersey Superior Court system. To date, rendered approximately 220 domain name arbitration decisions (20 reported in United States Patents Quarterly). Has extensive arbitration, mediation and negotiation training. For further details, see www.plmadr.com.

Selected Panel Memberships, Professional Associations, etc.: Fellow, Chartered Arbitrator, Chair - New York Branch, and Former Trustee (Americas Region), Chartered Institute of Arbitrators (UK); Fellow, College of Commercial Arbitrators (US); Fellow, Australian Center for International Commercial Arbitration (member of mediation and arbitration panels); Arbitrator (including String Confusion Objections panel) and Mediator - ICDR; Arbitrator and Mediator (commercial, large complex case and domain name panels; technology, SEP-FRAND, biotech, pharma. and other specialty rosters; NJ Storm Sandy mediation) - AAA; Arbitrator LCIA; Approved Arbitrator in IP (also mediator), Domain Name, Legal Rights Objections and Trademark Post-Delegation Dispute Resolution panels - WIPO; Arbitrator and Mediator - CPR (technology, biotech and e discovery panels) and KLRCA; Arbitrator - SIAC, HKIAC and BCICAC; Arbitrator and Mediator - USDC-EDNY; Arbitrator - FINRA; Approved Mediator - New Jersey Superior Court; Accredited Mediator - CEDR (UK). Member: CPR Institute, International Arbitration Club of New York; National Academy of Distinguished Neutrals; American Bar Association; Member of Pennsylvania, New York, New Jersey and Alaska Bar Associations, and various federal district and appellate courts. Registered US Patent Attorney.

Conducted seminars, served as speaker on many occasions, provided numerous presentations concerning various aspects of ADR, IP law and IP related ADR to various legal groups, and organizations, and authored articles on various aspects of arbitration, IP-related ADR and IP law.

Richard TAN, a national of Singapore, is a full time arbitrator. He is qualified to practice law in Singapore, England and Wales. He was called to the Singapore bar in 1980 and has had close to 35 years experience in the practice of the law. He is a Chartered Arbitrator of the Chartered Institute of Arbitrators and a Fellow of the Singapore Institute of Arbitrators.

He is also presently a consultant to Stamford Law Corporation, Singapore. Mr. Tan was the former head of the international arbitration practice group for South Asia of a leading international law firm and a senior partner of a Singapore law firm before retiring to focus on sitting as an international arbitrator. He practices in the areas of international arbitration, intellectual property, media, commercial law, technology and construction.

Mr. Tan is the current Chairman of the Chartered Institute of Arbitrators Singapore Branch. He is a past president of the Singapore Institute of Arbitrators and has served on the board of the Singapore International Arbitration Centre (SIAC). He is on the arbitration panels of many regional and international arbitral bodies including the WIPO Arbitration and Mediation Center, SIAC, HKIAC, BANI, KLRCA, AAA/ICDR, the Law Society, Singapore Institute of Arbitrators and the Chartered Institute of Arbitrators. He is on the SIAC panel of arbitrators for emergency relief (Emergency Arbitrator panel). He is also on the WIPO Arbitration and Mediation Center panels for Domain Name disputes and Film and Media disputes and the SMC panel for Singapore domain name disputes.

He has been an adjunct associate professor at the National University of Singapore (NUS) and has taught on the joint NUS-Kings College MSc programme on construction and arbitration law. He has been an advisory board member of United Nations Conference on Trade and Development (UNCTAD) on dispute resolution and on a task force of the National Research Foundation on digital media. He is an on the advisory board of the Singapore Film Commission.

Mr. Tan has served as sole arbitrator, party-appointed arbitrator and chairman or president of arbitral tribunals, as well as an emergency arbitrator, and has acted as counsel in many international arbitrations under the SIAC, ICC, HKIAC, LCIA and other institutional rules as well as in ad hoc arbitrations under the UNCITRAL arbitration rules, involving a wide range of disputes including major construction and engineering disputes (including an airport, tunnel, oil platforms, power projects and pharmaceutical plants), commercial disputes (including joint venture and shareholders agreements) and technology, media, intellectual property and licensing disputes.

Mr. Tan lectures frequently on arbitration. He is also on the approved faculty of the Chartered Institute of Arbitrators (UK) and has been course director and lecturer on many arbitration courses. He has been recognized as an expert and a leading individual in the field of arbitration.