Rachel Thorn

Rachel is a first-chair trial advocate representing companies in international and US domestic commercial arbitrations and in investment treaty disputes, under the auspices of International Centre for Settlement of Investment Disputes (ICSID) and United Nations Commission on International Trade Law (UNCITRAL) rules. She has extensive knowledge of the Federal Arbitration Act (FAA) and the leading international and US domestic arbitration rules – including those of the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), London Court of International Arbitration (LCIA), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), American Arbitration Association (AAA), and JAMS. She advises on mass arbitration issues, including strategies to mitigate mass arbitration risk and defense of companies facing mass arbitrations, and her practice also includes arbitration-related litigation in US courts, including actions to compel or stay arbitration proceedings, as well as actions to vacate, confirm or enforce arbitration awards under the FAA and New York Convention. In addition, she regularly counsels clients on dispute resolution in transactional matters, post-M&A disputes, disputes involving joint ventures and long-term cooperation agreements. Rachel’s experience spans many industries, including life sciences, technology, energy and infrastructure.

Top publications and rankings have recognized Rachel, including Who’s Who Arbitration and The Legal 500 US, which described her as an “excellent advocate, writer and cross-examiner” and an “excellent strategist [], focused on case details and the broader goal.” In addition, Chambers USA lauded her as “an outstanding technical lawyer” and “a real go-to as counsel,” while also noting that, “Rachel is smart and organized, she is both a great advocate and strategic thinker.”

In addition to frequently speaking on commercial arbitration topics, Rachel serves on the ICC Commission on Arbitration and ADR and is a member of Law360’s 2024 editorial advisory board for international arbitration.

Rachel’s recent representative matters include serving as:

• Counsel to Google Asia Pacific in an international arbitration under the ICDR rules and related vacatur/confirmation action in the US District Court for the Northern District of California
• Counsel to Odyssey Marine Exploration in a North American Free Trade Agreement (NAFTA) arbitration against Mexico under the UNCITRAL rules for indirect expropriation and breaches of the minimum standard of treatment and national treatment standards in connection with an offshore concession to dredge phosphate
• Counsel to a cryptocurrency platform in a series of threatened mass arbitrations
• Counsel to a multinational cloud services provider in a dispute arising under a master services agreement
• Counsel to a clinical-stage biopharma company in licensing disputes against a Chinese licensee
• Counsel to a clinical-stage biopharma company in a motion to compel arbitration of a dispute arising out of an executive’s termination
• Counsel to a cutting-edge, disruptive software developer in a dispute for breach of a licensing agreement and misappropriation of trade secrets
• Counsel to a global leading talent agency and advisory company in an arbitration arising out of an executive’s termination
• Counsel to a leading developer of remote-sensing technology in a licensing dispute
• Counsel to a clinical-stage biopharma company in a dispute arising out of a partnering agreement
• Counsel to a financial services company in an arbitration for private injunctive relief and threatened mass arbitration
• Counsel to a fintech company in a threatened mass arbitration

Selected publications

• Co-author, “Drafting Arbitration Clauses in IP Agreements,” The Guide to IP Arbitration – Third Edition (Global Arbitration Review, with Intellectual Asset Management and World Trademark Review), December 2024
• Co-author, “The Benefits and Perils of Expedited Arbitration Clauses,” Cooley client alert, September 2023
• Co-author, “The Main Institutions of International Arbitration,” Cooley client alert, September 2023
• Co-author, “International Arbitration Versus Litigation,” Cooley client alert, May 2023
• Co-author, “International Law May Protect Foreign Investors in Russia,” Law360, July 2022
• Co-author, “How Companies Can Hedge Risk of Mass Arbitration,” Cooley client alert, June 2022
• Co-author, “Investment Treaties Could Provide Remedy for Russia’s Unlawful Seizure of Foreign Assets,” Cooley client alert, June 2022
• Co-author, “Protecting Tech Companies’ Investments From Unfair National Regulation Through International Investment Treaties,” techUK, May 2021
• Co-author, “The Expansion of Discovery in Aid of International Arbitrations Under Section 1782: Recent Decisions Deepen Circuit Split,” Cooley client alert, July 2020
• Co-author, “Interim Relief Now Available in Mainland China in Support of Hong Kong-Seated Arbitrations,” Cooley client alert, October 2019
• Co-author, “Goodbye NAFTA, Hello USMCA: A New Framework for Investment, IP and the Digital Economy,” Cooley client alert, October 2018

Selected speaking engagements

• Panelist, “Arbitration, Class Actions and UDAP 2024 Highlights,” Practicing Law Institute’s 29th Annual Consumer Financial Services Institute, September 2024
• Panelist, “ISDS Tech Disputes – An Incoming Wave?,” GAR Live: Technology Disputes, March 2024
• Speaker, “Class Action or Arbitration: How to Prepare for the Latest Consumer Claims,” Cooley webinar, March 2024
• Panelist, “TechTalk: Unraveling the Tapestry – AI’s Influence on International Arbitration,” Columbia Arbitration Day, March 2024
• Panelist, “Digital Dilemmas: Adapting Arbitration to Technological Evolution – A NY Perspective,” New York Arbitration Week, November 2023
• Panelist, “Addressing Unfair Regulatory Treatment and Government Actions,” On the Record Rapid-Fire Series, October 2023
• Speaker, “What Companies Need to Know About International, Domestic and Consumer Mass Arbitration,” CLE Speaker Series Arbitration 360, December 2021
• Panelist, “Inferences and Exclusionary Rules,” British Institute of International and Comparative Law, 35th Investment Treaty Forum (ITF) Public Conference, Evidence in Investor-State Arbitration, April 2021
• Speaker, Mass Arbitrations webinar, Association of Corporate Counsel, March 2021
• Panelist, “Recent Developments in International Arbitration,” Practicing Law Institute’s International Arbitration, June 2020
• Panelist, “Dealing With Lost Chances and Other Uncertainties in Evaluating Lost Business Opportunities,” Eighth Annual Damages in International Arbitration: Traditional vs. Non-Traditional Approaches, Emerging Trends, Methods and Techniques Conference, November 2019
• Faculty, “Questioning of Expert Witnesses in International Arbitration,” Foundation for International Arbitration Advocacy Workshop, November 2019 and January 2014
• Co-chair, “Global Arbitration Review’s 8th Annual GAR Live New York City, October 2019
• Panelist, “Strategies to Improve Cross-Cultural Advocacy,” Harvard International Arbitration Law Conference, February 2019