Mr Damien McDonald > Prince's Chambers > Hong Kong, Hong Kong > Lawyer Profile

Mr Damien McDonald

Position

Damien is a barrister who focuses on international arbitration in Hong Kong, Mainland China, the region, and internationally.

He also practices Australian law as a barrister from William Forster Chambers in Darwin and English law and international arbitration from Outer Temple Chambers in London.

Prior to joining the bar, Damien was an international arbitration partner and registered foreign lawyer with Fangda Partners in Hong Kong (2014 to 2019) and a senior associate with Herbert Smith Freehills in London, Shanghai, and Beijing (2006 to 2013).

Damien commenced his legal career in Australia, where he trained and practised with Mallesons Stephen Jaques (now King and Wood Mallesons) in Melbourne and Cridlands Lawyers in Darwin (2000 to 2005).

Damien is also a CEDR and HKMAAL-qualified mediator. He is on the Hong Kong Bar List of Mediators and the Northern Territory Supreme Court List of Mediators.

Career

Recent instructions, advisory and appointments

International arbitration counsel

• Lead counsel with a US law firm in an international sale of goods case in a HKIAC arbitration between a US party and a Chinese party (Hong Kong law)

• Advising PRC counsel and drafting pleadings in a HKIAC arbitration in relation to a post-closing M&A accounting dispute between a foreign and a Chinese party (English law)

•  Advising Hong Kong counsel and drafting pleadings in a HKIAC arbitration in relation to an aircraft-leading dispute (Hong Kong law)

•  Advising US counsel in relation to a potential application to set aside application for an ICC Hong Kong award (Hong Kong law)

Arbitrator appointments

• Sole arbitrator in an HKIAC arbitration involving the sale of goods claim between Hong Kong and an international party (Hong Kong law)

• Sole arbitrator in an HKIAC arbitration (Expedited) in relation to an international sale of goods case (rolled steel) between international parties (English law)

• Sole arbitrator in a HKIAC arbitration (Expedited) in relation to a claim for payment under a receivables contract and guarantee (Hong Kong law)

• Sole arbitrator in an ICC arbitration (Expedited) in relation to a Distributorship Agreement between Hong Kong parties (Hong Kong law).

Examples of work as counsel in arbitration proceedings and litigation instructions as a solicitor

International arbitration

• Acting in a HKIAC arbitration for an investment fund in a claim to recover a deposit under a SPA and defence of a counterclaim alleging unlawful termination

•  Acting for an Asian investment fund in a HKIAC arbitration in respect of its investment in Mongolia

• Acting for a leading international hospitality company in a HKIAC arbitration in respect of a hotel management contractual dispute with a mainland Chinese real estate developer/building owner

• Acting for a respondent in a HKIAC arbitration in respect of the sale of shares in a joint venture company and transfer of control of business in China

• Acting for a foreign investor in an ICC arbitration seated in Hong Kong in respect of a joint venture dispute with a mainland Chinese party

• Acting for a leading Chinese company in a SIAC arbitration in a dispute relating to trade secrets/ownership of technical designs for petrochemical plants in China

• Acting for a leading international investment bank in a HKIAC/UNCITRAL arbitration in relation to a private equity investment dispute

• Acting for a Chinese petrochemical company in a CIETAC Beijing (UNCITRAL Rules) arbitration

Litigation

• Various instructions and advisory in the Northern Territory in relation to commercial matters

• Hong Kong High Court actions relating to breach of contract and email fraud

• BSkyB Ltd & Anor v HP Enterprise Services UK Ltd & Anor [2010] EWHC 86 (TCC) (26 January 2010)

• Commercial litigation in the Northern Territory and Federal courts with an emphasis on resources and construction-related disputes (2003-2005)

• Commercial litigation in the Victorian and Federal courts with an emphasis on banking and insolvency-related disputes (2001-2003)

Books and chapter contributions

•  Halsbury’s Hong Kong, Misrepresentation and Fraud. With Kevin Lee and Josh Baker (2022)

•  Chinese Arbitration Law, Individual Contributor, Co-Author and Co- editor with Peter Yuen and Arthur Dong, Lexis Nexis, Hong Kong (2015)

•  “China and Hong Kong”, Arbitration of M&A Transactions, Justin D’Agostino, Damien McDonald, May Tai and Fanny Tam, Global Law and Business (2014)

•  State Secrets and Trade Secrets in China, Damien McDonald and May Tai, Sweet & Maxwell, Hong Kong (2010)

•  “Awards of Punitive Damages”, Jessica Fei, Damien McDonald and Eunice Bai, Post Hearing Issues in International Arbitration, Juris Publishing, (2013)

•  “Arbitration with Chinese Characteristics (有中国特色的仲裁)”, Jessica Fei and Damien McDonald, Contemporary Issues in International Arbitration and Mediation, The Fordham Papers (2012)

Seminars, speaking engagements and journal articles

•  Guest lecturer to Peking University ICDR Course on “International arbitration: an introduction to pleadings and written advocacy” (2022)

•  Presentation “Managing MENA and China-related M&A Disputes” at the 7^th Annual Qatar & MENA International Arbitration Virtual Summit (2022)

•  Presentation on “Arbitrating M&A Disputes – Protecting and Defending Value” for Annual International Arbitration and Corporate Crime Summit (2022)

•  In-house training to international Chinese law firm on international arbitration

•  Lecture to Australian National University, International Commercial Arbitration, Postgraduate Course on “Effective Advocacy in International Arbitration” (2021)

•  Presentation of  the  8th  CIETAC  mini  lecture  on  “Managing  Expert Evidence-The Fundamentals of Process and Preparation” (2021)

•  Panelist for seminar on “Legal Privilege and the Client under English and Hong Kong law: A refresher for in-house legal professionals” for Law Society of Hong Kong In- House Lawyers Committee (2019)

•  Panelist and workshop leader for Fangda Partners workshops with BenchMark and Sinosure in Shenzhen and Guangzhou (2019)

•  Hong Kong and Mainland China Agree upon Bilateral Arrangement Regarding Interim Measures for Arbitration, Kluwer Arbitration Blog, Peter Yuen,  Helen    Shi,  Damien  McDonald,  Olga  Boltenko  and Matthew Townsend (2019)

•  Dual language or bilingual arbitrations: five points for parties, China Business Law Journal, Damien McDonald and Matthew Townsend(2019)

•  Commercial Arbitration Review, 2018, Financier Worldwide (2018)

•  Panelist on Hong Kong Arbitration Week HFW sponsored  panel “The  Interaction between Arbitration and Insolvency Law” (2018)

•  Hong Kong  Court  Grants  Execution  Against  PRC  State-Owned Enterprise,  Rejecting  Its  Claim  of  Crown  Immunity,  Hong  Kong Lawyer, Damien McDonald and Matthew Townsend (2017)

•  Speaker  on  “Third  Party  Funding  in  International  Arbitration”,  3rd Annual  International  Arbitration,  Compliance  &  Competition  Law Summit (Beijing) (2017)

•  In House Congress Hong Kong, Workshop leader on “28 Days – A Complex PRC Dispute in Action” (2017)

•  Hong Kong  Court  Opens  Door  to  Winding  Up  Foreign  Company Arbitration Award Debtor on Basis of Its Secondary Listing in Hong Kong,  Hong  Kong  Lawyer,  Damien  McDonald  and  Matthew Townsend (2017)

•  4th Annual International Arbitration, Compliance & Competition Law Summit (Japan);  Panelist,  Managing  Expert  Witnesses  in  the Arbitration Process and Avoiding the Common Problems – Advising In House Counsel (2017)

•  In-house client  seminar  on  Third-Party  Funding  and  international arbitration (2017)

Languages

English, Mandarin

Education

1999 BA, LLB (Hons), University of Tasmania

Admissions

2021 Barrister, England and Wales

2020 Barrister, Hong Kong

2019 Solicitor Advocate (Higher Courts Civil Proceedings) (England and Wales) (Non practising)

2016-2019 Solicitor, Hong Kong

2008 Solicitor, England and Wales (Non practising)

2003 Barrister and Solicitor, Northern Territory, Australia (Practising as a Barrister 2022)

2001Barrister and Solicitor, High Court of Australia (Practising as a Barrister 2022)

2001 Barrister and Solicitor, Victoria, Australia