Damien Nyer
Biography
Overview
Damien Nyer is an international disputes partner based in New York and the head of the Firm's Americas International Arbitration regional section. He also leads 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," "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)
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 is ranked as a leading international arbitration practitioner in the United States by Chambers & Partners (Chambers USA) and 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"). He has received accolades for his work in the Energy and Power sectors (Who's Who Legal – Energy & Power, "Recommended").
Mr. Nyer has acted in disputes arising out of projects, joint ventures and transactions in Afghanistan, Algeria, Argentina, Australia, Bulgaria, Brazil, Canada, Chile, China, Colombia, Croatia, the Democratic Republic of Congo, Denmark, Ecuador, France, Georgia, Grenada, Guinea (Conakry), Haiti, Hungary, Japan, Liberia, Macedonia, Mexico, Pakistan, Paraguay, the Philippines, the Russian Federation, South Korea, The Gambia, Venezuela, Yemen as well as across the United States.
Experience
"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
Next Generation Partner, United States - International Arbitration, Legal 500, 2021
