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ARBITRATION

Donny practises international commercial arbitration as counsel, and also sits as arbitrator.

He has acted in a wide range of high-value and multi-party arbitrations, including under the ICC, LCIA, UNCITRAL and LCIA-India Rules, as well as in arbitration-related court proceedings.

He is a member of panels or arbitrator lists at the Hong Kong International Arbitration Centre (HKIAC) List of Arbitrators, the Vancouver International Arbitration Centre (VanIAC), the Singapore International Arbitration Centre (SIAC) and the World Intellectual Property Organisation (WIPO).

 

He was a member of the ICC Task Force on Arbitration and ADR (2020-2023).

Image by Alexander Andrews

Representative experience

  • Sole arbitrator in a construction dispute under VanIAC Rules, relating to alleged defects, design variations and quantum meruit (Vancouver seat, British Columbia law)

  • Sole arbitrator in an ad-hoc arbitration dealing with claims to post-completion payments under a multi-million dollar share purchase agreement (Toronto seat, Ontario law)

  • Sole arbitrator in a construction contract dispute under VanIAC Rules, relating to rights under a Certificate of Payment (Vancouver seat, British Columbia law)

  • Advised an investor in LCIA arbitration proceedings relating to pre-emption rights in a private equity offshore structure, in connection with a high value infrastructure project in East Asia 

  • Advised a US energy group in relation to LCIA arbitration proceedings (and related English High Court matters) arising out of an investment into a petroleum project

  • Advised a Chinese investor in relation to quantum and settlement aspects of a large SIAC arbitration claim against a European respondent

  • Advised a Japanese construction business on an LCIA arbitration dispute concerning a Middle Eastern agency relationship

  • Advised an Indian oil exploration company in ICC arbitration proceedings against its rig operator and repair contractor for defective work and overcharging of costs and wages

  • Advised a consortium of European banks in LCIA arbitration proceedings against an Eastern European borrower and guarantors, and a related freezing injunction

  • Advised an Indian telecommunications company on the quantum phase of its US$400 million ICC arbitration dispute in The Hague, for loss of access to the Indian market

  • Advised a Middle Eastern investor in a high value claim under the LCIA-India Rules seated in New Delhi against its joint venture partner in the food sector

  • Advised the purchaser of a Central Asian energy business in an LCIA arbitration claim against the seller for breach of accounting warranties

  • Advised a leading US cash fund manager defending an LCIA arbitration claim by a former client for alleged misinterpretation of mandate terms and mismanagement of funds

  • Advised an Indian investor on a potential bilateral investment treaty arbitration claim under the UNCITRAL Rules in connection with its investment into a European bank

  • Advised a FTSE-listed communications company on LCIA proceedings and a related injunction application in a claim relating to termination rights in key supply agreements

  • Advised the purchaser of a Latin American energy business on potential tax warranty claims under the UNCITRAL Rules

  • Advised a German insurance company on recovery of part of its liability under an SCC arbitration claim against co-defendants, through the English courts' contribution regime and enforcement in other European jurisdictions

  • Advised a large European insurance group on an LCIA arbitration claim against its external fund manager for negligent management of policyholder funds

  • Advised a specialist third party litigation funder on prospective investments into investment treaty arbitrations: (i) under the UNCITRAL Rules in connection with a precious metals mining asset in an East Asian state; and (ii) under NAFTA.

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