During his career at Debevoise, Mr. Donovan was regarded as one of the leading international advocates, public international lawyers, and international arbitration practitioners in the world. He retired from his practice as counsel and advocate at Debevoise at the end of 2021, and he now continues his practice as arbitrator at Arbitration Chambers, serving in major international commercial and international law cases.
At Debevoise, Mr. Donovan regularly argued before the International Court of Justice and other international courts; before investor-state tribunals constituted under the ICSID Convention, a range of bilateral investment treaties, and other instruments; and before commercial arbitration tribunals sitting around the world, constituted under the auspices of the world’s leading arbitration institutions, and hearing disputes in a wide range of economic sectors.
In the United States, Mr. Donovan argued international law, arbitration law, and commercial law cases before the U.S. Supreme Court, several of the U.S. Courts of Appeals, and other federal and state courts. He represented states, multinational corporations, international organizations, and nongovernmental organizations. At the time of his retirement from Debevoise, Mr. Donovan had long served as co-chair of both its International Disputes Resolution Group and its Public International Law Group.
Mr. Donovan also regularly sat as arbitrator in international cases, including under the auspices of ICSID, the PCA, the ICC, and the ICDR, as president, chair, sole arbitrator, and co-arbitrator.
Among many other positions, Mr. Donovan served as President of the International Council for Commercial Arbitration (ICCA) from 2016 to 2018; as President of the American Society of International Law (ASIL) from 2012 to 2014; and as Chair of the Institute for Transnational Arbitration (ITA) from 2000 to 2005. He served as a Member of the U.S. Department of State’s Advisory Committee on International Law and as a Member of the Advisory Committees of the American Law Institute for the Restatement (Fourth) of Foreign Relations Law of the United States and for the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration.
From 2013 through 2023, Mr. Donovan taught a full-semester course in International Investment Law and Arbitration at the New York University School of Law, and from 2004 to 2012, a full-semester course there in International Arbitration. He also taught international arbitration courses at Tsinghua University in Beijing, at the International Academy for Arbitration Law in Paris, and at the University of Auckland.
Mr. Donovan joined Debevoise in 1987 after serving as legal assistant to Judge Howard M. Holtzmann of the Iran-United States Claims Tribunal and, before that, as law clerk to Associate Justice Harry A. Blackmun of the U.S. Supreme Court, Judge Jerome J. Farris of the U.S. Court of Appeals for the Ninth Circuit, and Judge Abraham D. Sofaer of the U.S. District Court for the Southern District of New York. He received his J.D. in 1981 from Stanford Law School, where he served on the Stanford Law Review and was elected to the Order of the Coif, and his B.A. in 1977 from the University of Virginia, where he graduated with highest distinction in Political and Social Thought.
Barrick (PD) Australia Pty Limited in an ICSID arbitration, and Barrick (Niugini) Limited in an ICSID conciliation, both with the Independent State of Papua New Guinea, arising out of the Government’s refusal to renew a special mining lease held over the Porgera Gold Mine.
Bulyanhulu Gold Mine Limited and Pangea Minerals Limited, subsidiaries of Acacia Mining plc, in an arbitration against the United Republic of Tanzania under the UNCITRAL Rules.
The State of Qatar and Qatari entities and individuals in international claims arising out of the measures imposed by the United Arab Emirates, Saudi Arabia, Bahrain, and Egypt against Qatar, including in proceedings before the International Court of Justice against the United Arab Emirates, investment arbitrations and claims in other international tribunals.
Tethyan Copper Company, a joint venture of Antofagasta Minerals and Barrick Gold, in its US$6 billion arbitration win against the Islamic Republic of Pakistan, which is the second-largest ICSID award ever rendered.
Pueblo Viejo Dominicana, a joint venture between Barrick Gold and Goldcorp, in a dispute with the Dominican Republic regarding the Pueblo Viejo gold, silver and copper mine, which is reported to be the largest foreign investment in the Dominican Republic.
Holcim Ltd. and its two wholly owned Dutch subsidiaries, Holderfin B.V. and Caricement B.V., in a dispute against the Bolivarian Republic of Venezuela, arising from the expropriation of their local subsidiary by the Venezuelan government, leading to a $650 million settlement that has been fully paid.
A construction company in an ICC arbitration with a major oil company under an EPC contract for the construction of a semi-submersible drilling platform.
A leading telecommunications and digital media company in an LCIA arbitration of a contractual dispute arising out of the purchase of assets in multiple jurisdictions, winning a complete victory on indemnification claims of over €139 million, defeating counterclaims of over €84 million, and obtaining a substantial costs award.
A Japanese shareholder in a Brazilian mining company in a dispute arising from a shareholders’ agreement.
VRG Linhas Aereas, a Brazilian airline, before the Second Circuit in an appeal from an order denying enforcement of a Brazilian arbitration award and raising issues under the New York Convention and U.S. arbitration law.
The lead claimant in Reineccius, First Eagle, and Mathieu v. Bank for International Settlements, in which a five-member tribunal constituted under the 1930 Hague Agreement awarded private shareholders some US$500 million.
The United Nations in Brzak v. United Nations, successfully asserting its rights under the Convention on the Privileges and Immunities of the United Nations and corresponding U.S. law; obtaining dismissal of suit filed in the Southern District of New York against the Organization and several employees; successfully defending the appeal to the United States Court of Appeals for the Second Circuit; and successfully opposing the petition for certiorari to the United States Supreme Court.
The United Nations High Commissioner for Human Rights as amicus curiae before the U.S. Supreme Court in Boumediene v. Bush and Al Odah v. United States, arguing that the continued detention of prisoners at Guantánamo Bay and the procedures of the military tribunals established to try those prisoners breached the international treaty obligations of the United States.
Oy Metsä-Botnia in its $1.3 billion greenfield investment in the Orion pulp mill project in Uruguay and the Case Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) in the International Court of Justice, which concerns that project. Argentina commenced proceedings against Uruguay in the ICJ pursuant to a bilateral treaty concerning the River Uruguay, which forms a shared border between the two countries, claiming that Uruguay had violated the treaty by allowing construction of the mill.
The European Commission as amicus curiae in Sosa v. Alvarez-Machain, in which the EC urged the US Supreme Court to take a rigorous international law approach to the Alien Tort Statute.
A group of negotiators and experts on the Chemical Weapons Convention as amici curiae in Bond v. United States, in which the U.S. Supreme Court considered a constitutional challenge to the federal statute implementing the Convention.
The Government of Ghana in proceedings in the U.S. District Court in Washington, DC, arising under the New York Convention and in related arbitrations.
The Government of Mexico in Avena and Other Mexican Nationals (Mex. v. U.S.), 2004 I.C.J. 12, in its successful claims against the United States for violations of the Vienna Convention on Consular Relations in respect of 52 Mexican nationals sentenced to death in state court proceedings in the United States. In March 2004, the ICJ held the United States liable in 51 of those cases and ordered the United States to review and reconsider the convictions and sentences.
The Republic of Iraq in a complete dismissal of claims for over $650 million brought by Agility Warehousing Company relating to a telecommunications investment, substantially prevailing on jurisdictional objections and achieving a complete victory for the Republic on the merits with a full award of costs, in the first ICSID arbitration brought against the Republic. For this win, the Debevoise team was recognized as Litigators of the Week by The American Lawyer.
The Republic of Iraq in successfully defending ICSID claims brought by Itisaluna Iraq LLC and others under the OIC Agreement arising out of a dispute concerning the telecommunications sector. In the jurisdictional stage, we contended that the Parties to the dispute had not consented in writing to submit the dispute to ICSID arbitration. The tribunal dismissed all claims for lack of jurisdiction and awarded close to two-thirds of costs to the Republic.