Damien Nyer
Biography
Overview
Damien Nyer is an international disputes partner based in New York where he heads the Firm's Americas International Arbitration regional section. He also leads the Firm's Canada Country Practice.
His practice focuses on the resolution of complex, high-stakes, multi-jurisdictional disputes on behalf of private and sovereign clients. He assists his clients in developing, implementing and coordinating dispute avoidance and dispute resolution strategies, including through the use of litigation, arbitration and other adjudicatory processes, often across multiple jurisdictions.
While his industry experience is broad, he has special expertise in the natural resources, infrastructure and engineering sectors. He has received accolades for his work on behalf of mining and energy clients (Who's Who Legal – "Recommended" for mining and energy). Clients praise his "deep technical knowledge," "superb advocacy skills" and "exceptional service" (Who's Who Legal) as well as his "exceptional ability to read a situation and understand his client's needs." (Legal 500)
A member of the Firm’s top-ranked international arbitration practice, Damien has acted as counsel and arbitrator in more than 60 commercial, construction and investment arbitrations under all major sets of rules (ICC, ICSID, AAA/ICDR, LCIA and SIAC), as well as in ad hoc proceedings (including UNCITRAL), subject to a variety of applicable substantive laws and involving well in excess of US$ 18 billion in dispute. A past Co-Chair of Young ICCA (International Council for Commercial Arbitration) and Secretary of the International Bar Association's Taskforce on International Arbitration Agreements, he is ranked as a leading international arbitration practitioner by Chambers & Partners (USA and Global) and the Legal 500 ("Leading Lawyer"), and has been recognized as a rising star in the field by Who's Who Legal ("Global Elite Thought Leader – under 45") and Benchmark Litigation ("40 & Under Hot List"). He also maintains an active practice as an arbitrator and was appointed to the ICSID Panel of Arbitrators in 2023.
Multilingual and trained in both common and civil law, Damien has advised with respect to disputes across the world, including in Afghanistan, Algeria, Argentina, Australia, Bermuda, Bulgaria, Brazil, the BVIs, Canada, the Cayman Islands, Chile, China, Colombia, Croatia, the Democratic Republic of Congo, Denmark, Ecuador, France, Georgia, Grenada, Guinea (Conakry), Haiti, Hungary, Japan, Kenya, Liberia, Macedonia, Mexico, Pakistan, Paraguay, the Philippines, Russia, South Korea, The Gambia, Turkey, Venezuela, Yemen, Zambia as well as across the United States.
Experience
An independent power producer in a dispute with its joint venture partners regarding the development of a major power plant in the Philippines, and involving an ICDR arbitration in New York and parallel judicial proceedings in the U.S. and the Philippines.
A international offshore drilling contractor in a dispute with its joint venture partners over the ownership and management of two ultra-deepwater drilling rigs, and involving an ICC arbitration in New York and parallel judicial proceedings in the U.S., Brazil and the BVIs.
An East Asian consumer electronics manufacturer in a dispute over the attempted termination of a multi-billion dollar manufacturing and distribution agreement, and involving a SIAC arbitration in Singapore (including emergency arbitration proceedings) and parallel judicial proceedings in the U.S.
A Canadian gold mining company in an ICSID arbitration in Washington, D.C., against a Latin American state over the impact of environmental regulations.
A West African State in an ICC arbitration in London and under English law arising out of an offshore oil and gas exploration project.
A Spanish contractor in an ICC arbitration in Perth against its mechanical subcontractor regarding the construction of a chemical processing plant in Western Australia and involving delay, disruption and acceleration claims.
"Valuation of Non-Producing Mineral Properties" in the Global Arbitration Review Guide to Mining Arbitrations (2019) (with X. Wu)
Chapter Contributor in J. Fouret et al. THE ICSID CONVENTION, REGULATIONS AND RULES – A PRACTICAL COMMENTARY (2019)
"Drafting Clauses Providing for International Arbitration in the United States," in L. SHORE ET AL., INTERNATIONAL ARBITRATION IN THE UNITED STATES (2018) (with J. Harry)
"Drafting Considerations for Clauses Designating New York as the Place of Arbitration," in J. CARTER & J. FELLAS, INTERNATIONAL COMMERCIAL ARBITRATION IN NEW YORK (2d. ed. 2016) (with P. Friedland)
"The Investment Chapter of the EU-Canada Comprehensive Economic and Trade Agreement (CETA)," 32:6 J. Int'l Arb. 697 (2015)
"Drafting Arbitration Clauses before and after a Dispute," in NEWMAN & RADINE, SOFT LAW IN INTERNATIONAL ARBITRATION ( 2014) (with P. Friedland)
"New York's Federal Court of Appeals Addresses Jurisdictional Requirements for Recognition and Enforcement of New York Convention Awards," Arbitration News, 2010 (with A. Santens)
"Coming in from the Cold – 20 years of UNCITRAL Model Law in Canada," in N. EKSI, ED., INTERNATIONAL COMMERCIAL ARBITRATION: A COMPARATIVE SURVEY (N. Eksi, Ed.), 2007 (with F. Bachand)
"Withholding Performance for Breach in International Transactions: An Exercise in Equations, Proportions or Coercion?", Pace Int'l Law Review, Pages 29-81, 2006
Global Elite Thought Leader – Arbitration under 45 - Who’s Who Legal 2024
Chambers & Partners – US and Global 2024
Next Generation Partner, United States - International Arbitration, Legal 500, 2023
Future Leader: Arbitration – Who's Who Legal 2023
40 & Under Hot List – Benchmark Litigation 2020
