Damien Nyer

Partner, New York

Biography

Overview

Damien Nyer is a disputes partner based in New York and a member of the Firm's International Arbitration Group.  He also heads the Firm’s Canada Country Practice.  

Multilingual and trained in both common law and civil law, Mr. Nyer advises and represents sovereign and private clients in high-stakes and business critical disputes across the world.  With broad industry experience, he regularly acts in the natural resources, power, infrastructure and engineering sectors.  Clients praise his "deep technical knowledge and superb advocacy skills" (Who’s Who Legal, 2021) as well as his "exceptional ability to read a situation and understand his client’s needs." (Legal 500, 2020)

Mr. Nyer has acted as counsel and arbitrator in more than 50 commercial, construction and investment arbitrations under all major sets of rules (ICSID, ICC, 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$ 12 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 has been recognized as a rising star in the field by Who’s Who Legal and Global Arbitration Review ("Future Leader"), Benchmark Litigation ("under 40 Hot List"), and the Legal 500 ("Next Generation Partner").

Mr. Nyer has advised clients with respect to disputes in Afghanistan, Algeria, Argentina, Australia, Bulgaria, Brazil, the BVI, Canada, Chile, China, Colombia, Croatia, Curaçao, the Democratic Republic of Congo, Denmark, Ecuador, France, Georgia, Grenada, Haiti, Hungary, Japan, Liberia, Macedonia, Mexico, Pakistan, Paraguay, the Philippines, the Russian Federation, The Gambia, South Korea, Yemen as well as across the United States.

Bars and Courts
New York State Bar
Education
BCL, LLB, LLM
McGill University
Master of Civil Law
Université de Grenoble
Languages
English
French
Spanish

Experience

Publications

"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

Awards and Recognition

Next Generation Partner, United States - International Arbitration, Legal 500, 2021

"Future Leader: Arbitration" 2021 Who's Who Legal