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. Multilingual and trained in both common law and civil law, he 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 "exceptional ability to read a situation and understand his client's needs" (Legal 500).

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), and subject to a variety of applicable substantive laws.  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, 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, Paraguay, the Philippines, the Russian Federation, South Korea, Yemen as well as across the United States.

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

Experience

Representative experience in commercial matters includes acting for:

  • A Chinese consumer electronics manufacturer in a Singapore-seated SIAC arbitration (and ancillary judicial proceedings in the United States) regarding the attempted termination of a US$ multi-billion manufacturing and distribution agreement.  Mr. Nyer secured an emergency arbitral order suspending the purported termination.
  • A South East Asian power producer in a dispute with its joint venture partners regarding the development of a power plant in the Philippines, and involving an ICDR arbitration in New York and parallel judicial proceedings in the US and the Philippines.
  • The State of New York in two AAA arbitrations with a Native American tribe under a state-tribe gaming compact over the operations of three casinos and involving US$ billions in gaming revenues.

Representative experience in construction matters includes acting for:

  • A US 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).
  • 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).
  • 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).

Representative experience in investment matters includes acting for:

  • SGS Société Générale de Surveillance in a ground-breaking ICSID arbitration against the Government of Paraguay involving the interpretation of the "Umbrella Clause".
  • A CIS state in a US$400-million ad hoc arbitration under the UNCITRAL Rules commenced by a foreign investor under that country's foreign investment law and involving expropriation claims.
  • The Russian Federation in defending enforcement in the United States of the largest arbitral awards in history (US$ 50+ billion) rendered in an UNCITRAL arbitration in connection with the demise of the Yukos Oil Company.
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