Damien Nyer is a partner in White & Case's International Arbitration Group, based in New York. He is trained in both common law and civil law, and has acted in proceedings under all major sets of arbitration rules (ICC, ICDR, AAA, ICSID and LCIA), as well as in ad hoc proceedings (UNCITRAL).
Mr. Nyer has particular experience acting in matters involving sovereigns, having represented and advised States, State-owned entities and international organizations in disputes around the world. He also has significant experience advising on international construction and insurance disputes (including under the Bermuda form).
He has been listed as a "Future Leader" in the field in independent research conducted by Who's Who Legal and Global Arbitration Review (2017). He is the past Co-Chair of Young ICCA (International Council for Commercial Arbitration) and was the Secretary of the International Bar Association's Taskforce on International Arbitration Clauses.
Recent sovereign experience includes:
Representing a CIS state in a US$400-million ad hoc arbitration under the UNCITRAL Rules commenced by a foreign investor under that country's foreign investment law and involving expropriation claims.
Representing the State of New York in an AAA arbitration commenced by a Native American tribe under a state-tribe gaming compact (New York law, New York seat).
Representing a United Nations agency, as owner, in an UNCITRAL arbitration against a Turkish contractor over a highway construction project in Afghanistan and involving delay and disruption claims (FIDIC Redbook 1994, a-national law, Paris seat).
Representing the Russian Federation in defending enforcement in the United States of the largest arbitral awards in history rendered in an UNCITRAL arbitration in connection with the demise of the Yukos Oil Company.
Representing the Government of Georgia in an ICSID arbitration commenced by a Turkish contractor over a highway construction project and involving the FIDIC Redbook 1994.
Representing the Republic of Hungary in an ICSID arbitration regarding the alleged expropriation of a casino and hotel resort.
Representing Swiss investor SGS in an ICSID arbitration against the Government of Paraguay under the Switzerland-Paraguay Bilateral Investment Treaty.
Advising a South East Asian State on issues arising under the UN Convention on the Law of the Seas.
Recent construction and insurance dispute experience includes:
Representing a U.S. owner in relation to delay and disruption claims brought by an EPC contractor in connection with the construction of a 655 MW combined-cycle power plant on the East Coast of the United States (New York law, New York seat).
Representing a Spanish contractor in an ICC arbitration against its mechanical subcontractor regarding the construction of a chemical processing plant in Australia and involving delay, disruption and acceleration claims (Western Australian law, Perth seat).
Representing a consortium of oil companies in relation to claims arising out of the construction of several FPSO units (New York law, New York seat).
Representing a Caribbean owner in a fast-track ICC arbitration against a Japanese EPC contractor regarding the construction of a cogeneration and desalination plant and involving complex design defect claims (New York law, New York seat).
Representing a Japanese contractor in an arbitration under the rules of the Japan Commercial Arbitration Association (JCAA) against an East-Asian sub-contractor regarding the construction of a gas-fired power plant in Algeria and involving a number of variation and delay claims (Algerian law, Tokyo seat).
Representing a Bermuda insurer in an ad hoc arbitration over first party claims arising out of an explosion at an underground coal mine (New York law, London seat).
Representing a Bermuda insurer in an ad hoc arbitration involving a fidelity claim arising out of a large scale fraud at a U.S. refinery (New York law, London seat).
Representing a Bermuda insurer in an ad hoc arbitration under an amended version of the Bermuda form regarding pollution liability claims (New York law, London seat).
Representing a Bermuda insurer in an ad hoc reinsurance arbitration arising out of a major oil spill (New York law, London seat).
Other relevant matters include:
Representing the Mexican sellers of a manufacturing business against the U.S. purchasers in an ICC arbitration under a Share Purchase Agreement (Mexican law, Dallas seat).
Representing a junior mining company in an ICC arbitration commenced under the offtake agreement for a mining project in Brazil (Pennsylvania law, New York seat).
Representing a Latin American chemical company in an ad hoc maritime arbitration regarding the alleged wrongful termination of the time charter party for a LPG tanker (New York law, New York seat).
Representing a South East Asian energy producer in an ICDR arbitration with its joint venture partners regarding the development of a power plant in the Philippines (New York law, New York seat).
Drafting Considerations for Clauses Designating New York as the Place of Arbitration, in J. CARTER & J. FELLAS, EDS., INTERNATIONAL COMMERCIAL ARBITRATION IN NEW YORK, 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, Soft Law in International Arbitration (Newman & Radine, Eds.), 2014, (co-author 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, (co-author with A. Santens)
Coming in from the Cold – 20 years of UNCITRAL Model Law in Canada, International Commercial Arbitration: A Comparative Survey (N. Eksi, Ed.), pp. 21–38, 2007, (co-author with F. Bachand)
Withholding Performance for Breach in International Transactions: An Exercise in Equations, Proportions or Coercion?, Pace Int'l Law Review, pp. 29–81, 2006