A strong and relentless attorney, A talented advocate who combines remarkable technical skills with a strong tactical flair and a genuine commitment to his clients.
Biography
Damien Nyer is an international disputes partner based in New York. He represents private and sovereign clients in complex, high-stakes disputes arising from cross-border investments, joint ventures and major commercial transactions, developing and coordinating dispute avoidance and resolution strategies, often in a multi-jurisdictional setting.
His industry experience spans natural resources, infrastructure, technology and other sectors. Clients describe him as an "exceptionally reliable advocate" and "keen strategist" (Chambers & Partners) with "deep technical knowledge," "superb advocacy skills" and "exceptional service" (Who's Who Legal). Recognized as a "Thought Leader" for mining and "Recommended" for energy (Lexology), his analysis of cross-border business challenges have been quoted by the Financial Times, the Wall Street Journal and Reuters.
A member of the Firm's top-ranked international arbitration group, Damien has acted in more than 70 international arbitrations involving well in excess of US$ 20 billion in dispute. These proceedings have been seated across all major arbitral hubs (New York, Washington, London, Paris, Geneva, Singapore, Hong Kong, Tokyo, Vancouver and Perth), conducted under all major sets of arbitration rules (ICC, ICSID, AAA/ICDR, LCIA, SIAC and UNCITRAL), and have involved the substantive laws of both common law jurisdictions (U.S., England & Wales) and civil law countries (France and multiple other European and African civil law systems). He is ranked as a leading international arbitration practitioner by Chambers & Partners (USA and Global) and the Legal 500 ("Leading Partner"), and maintains an active practice as an arbitrator, having been appointed to the ICSID Panel of Arbitrators in 2023.
Multilingual and trained in both common and civil law, Damien has assisted clients in resolving disputes touching more than 45 countries across six continents, including Afghanistan, Algeria, Argentina, Australia, Bermuda, Bulgaria, Brazil, the BVIs, Canada, the Cayman Islands, the Central African Republic, Chile, China, Colombia, Croatia, the Democratic Republic of the Congo, Denmark, Ecuador, France, Georgia, Grenada, Guinea (Conakry), Haiti, Hungary, Japan, Kenya, Liberia, Macedonia, Mexico, Pakistan, Paraguay, the Philippines, Russia, Senegal, Sierra Leone, South Korea, The Gambia, Tunisia, Turkey, Venezuela, Yemen, and Zambia, as well as throughout the United States.
Damien has also held various leadership positions within the Firm, including head of the Firm's Americas International Arbitration regional section, and currently leads the Firm's Canada Country Practice.
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.
Chambers & Partners – US and Global 2026
Leading Partner, International Arbitration, Legal 500, 2026
Highly Recommended, International Arbitration, Lexology 2026
Thought Leader, Mining, Lexology 2026
Recommended, Energy, Lexology 2026
Global Elite Thought Leader – Arbitration under 45 - Who's Who Legal 2024
"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
