Damien McDonald – William Forster Chambers

Year and Place of First Admission

2001, Victoria

Jurisdictions

Northern Territory, Federal Courts and Tribunals, Hong Kong, and England & Wales

Areas of Practice

Commercial litigation and all areas of commercial disputes, including general contract disputes, sale of goods (including the international sale of goods), M&A/sale of businesses, confidential information/trade secrets, financial institution-related disputes, shareholder, joint venture, agency, and China-related disputes
International and domestic commercial arbitration
Mediator, commercial and civil disputes
Arbitrator, commercial and civil disputes

Qualifications and experience

BA, LLB (Hons), University of Tasmania (1999)
Fellow Chartered Institute of Arbitrators
Fellow Australian International Commercial Arbitration Centre
Arbitrator on the HKIAC List of Arbitrators, AIAC Panel of Arbitrators and SHAC Panel of Arbitrators
CEDR, HKMAAL Accredited Mediator and NT Supreme Court List of Mediators (Order 48.13(9) of the Supreme Court Rules (NT))

Career

Damien is a barrister focusing on commercial disputes and commercial arbitration.

Damien has been a commercial disputes lawyer in Australia, London, China, and Hong Kong since 2001.

He transitioned to the bar in Hong Kong in 2020, England and Wales in 2021 and the Northern Territory in 2022.

He began his legal career in Melbourne with Mallesons Stephen Jaques (now King and Wood Mallesons) in Melbourne (2000-2003) and Cridlands Lawyers in Darwin (2003-2005).

In Darwin, his practice focused on general commercial disputes and commercial litigation. He also undertook legal advice and other work on health and safety and mining accidents in the NT.

Damien also practices Hong Kong and English law from Prince’s Chambers (Hong Kong) and Outer Temple Chambers (London), focusing on commercial disputes and international arbitration.

Before joining the bar in Hong Kong, 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).

Mediation and ADR

Damien is developing a practice in this area and can conduct mediation online and in person.

Recent instructions and appointments

Litigation counsel work – NT, Australia

Whittaker v Pettersson & Ors [2024] NTSC 10, led by Dr Cameron Ford OAM
McCasker v OMAD (NT) Pty Ltd (No 3) [2023] NTSC 68 led by Dr Cameron Ford OAM

Arbitration counsel work
Lead counsel with a US law firm in a HKIAC arbitration between a US party and a Chinese party concerning an international sale of goods case involving PPE. (Hong Kong law)
Advising and drafting the Answer in a HKIAC arbitration between a foreign and a Chinese party concerning an M&A accounting dispute. (Hong Kong law)
Advising and drafting the Answer in a HKIAC arbitration concerning an aircraft-leasing dispute. (Hong Kong law)
Advising US law firm in relation to a potential application to set aside application for a Hong Kong award. (Hong Kong law)

Arbitrator appointments

Sole arbitrator in a HKIAC arbitration involving a sale of goods claim between a Hong Kong and an international party (Hong Kong law)
Sole arbitrator in a HKIAC expedited arbitration relating to an international sale of goods case (rolled steel) between international parties (English law)
Sole arbitrator in a HKIAC arbitration (Expedited) concerning a payment claim 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

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

Presentation “Managing MENA and China-related M&A Disputes” at the 7th 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)
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)
Panellist for a seminar on “Legal Privilege and the Client under English and Hong Kong law: A refresher for in-house legal professionals” for the Law Society of Hong Kong In-House Lawyers Committee (2019)
Panellist 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 H. 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

Contact details

Damien McDonald
William Forster Chambers
26 Harry Chan Avenue
Darwin NT 0800

PO Box 4369
DARWIN NT 0801

Tel: (08) 8982 4700
Email: dmcdonald@williamforster.com