Damien Laracy

Practice Areas

Damien represents corporate clients and stakeholders, and high net worth individuals, in the following industries and sectors: shipping, trade and transport, consumer products and foodstuffs, commodities, mining and resources, super yachts, real estate and retail, financial and professional services, insurance, leisure and luxury.

He and his team regularly apply for urgent injunctive relief and disclosure orders against debtors and their bankers.

He handles white collar crime litigation (Criminal and Civil) and fraud investigations.

Damien’s maritime practice involves ship mortgage enforcement and insolvency work, charterparty disputes, commodities disputes, cargo loss, damage and misdelivery claims, shipbuilding disputes, crewing issues, disputes concerning vessel sharing agreements and a wide range of marine casualties, including collisions, salvage and oil pollution.

Damien was one of the first people to successfully enforce a non CIETAC Hong Kong arbitration award in Mainland China.

More recently, he represented multiple Claimants (50 plus) in a high profile crypto currency HKIAC arbitration.

Damien regularly sits as an arbitrator as well as receiving party appointments as counsel. He has led or participated in international arbitrations under the following rules: CIETAC, ICC, UNCITRAL, HKIAC, HKMAG, LMAA, GAFTA, TOMAC, SCMA, SIAC, LME. The subject matter of these arbitrations includes construction, mining, energy and infrastructure projects, business mergers and acquisitions, shareholder agreements, loan agreements, professional services disputes, international trade and transport disputes, and real estate projects.

Career

Damien was admitted as a barrister and solicitor in New Zealand in 1990. He has been a Hong Kong resident since 1995. He is the Managing Partner of Hill Dickinson, Hong Kong.

His practice comprises a mix of maritime and commercial arbitration and litigation, including banking and finance disputes, insolvency advice and asset recovery, shareholder and joint venture disputes, shipping and international trade disputes, insurance disputes and coverage issues, employment disputes.

Professional Memberships

Damien is admitted to practice law in Hong Kong, the United Kingdom, and New Zealand.

He is a Fellow of the Chartered Institute of Arbitrators (FCIArb), a Fellow of the Hong Kong Institute of Arbitrators (FHKIArb), a Member of the Panel of Arbitrators of the Law Society of Hong Kong and is admitted to the HKIAC’s Panel of Arbitrators and Emergency Arbitrators.

Full Member of the Hong Kong Maritime Arbitration Group (“HKMAG”), Panel Member of the Singapore International Arbitration Centre (“SIAC”), Panel Member of the Singapore Chamber of Maritime Arbitration (“SCMA”), Panel Member of China Maritime Arbitration Commission (“CMAC”), Panel Arbitrator of the Centre for Arbitration & Consultancy Development (India), Member of the Asian International Arbitration Centre (formerly the Kuala Lumpur Regional Centre for Arbitration) Panel of Arbitrators, Committee member of the ICC-HK ADR and Arbitration Committee, Panel Member of the Shenzhen Court of International Arbitration (“SCIA”).

Publications

Speaker and contributor of commentary and articles regarding arbitration and litigation developments, shipping and trade.

Contributing author to the Hong Kong law chapter of the 2015 publication Shipping & International Trade Law – Jurisdictional Comparisons published by Thomson Reuters (First Edition 2011, Second Edition 2015). The First Edition covered 25 jurisdictions and the Second was expanded to 36.

Chapter for Global Arbitration Review on maritime and offshore arbitration in Hong Kong. The chapter answers questions on offshore oil and gas disputes, maritime disputes and security for claims in arbitration.

Co-author of Maritime Law and Practice in Hong Kong ("Enforcement of Maritime Claims", Chapter 17).

Co-author of “Once so Near, Yet so Far – The Construction Industry Security of Payment Ordinance (Cap. 652) Will Come to Full Effect Later This Year”, The Lawyer (February 2025)

Co-author of “Court Confirms Power to Order Security for Costs in Applications to Set Aside Arbitral Awards under Order 23 and Order 73 RHC in SA & Others -v- BH & GC [2024] HKCFI 1357”, The Lawyer (September 2024)

Co-author of “Is an Arbitration Tribunal’s Decision on Illegality in Conflict With Public Policy?”, The Lawyer (June 2024)

Co-author of “Let’s Consent to No-Consent as the CFA Affirms Lawfulness of “Letters of No Consent Regime””, The Lawyer (May 2024)

Co-author of “To What Extent Can a Hong Kong Tenant Rely on a Force Majeure Clause in the Current Coronavirus Outbreak?”, The Lawyer (March 2020)

Co-author of “Hong Kong Passes Apology Bill”, The Lawyer (August 2017)

Personal

• Former Vice chairman of the Maritime Law Committee of the Inter-Pacific Bar Association

• Current director of the Hong Kong Association of New York

• Current director of the Hong Kong Football Club

Clients

Damien represents corporate clients and stakeholders, and high net worth individuals, in the following industries and sectors: shipping, trade and transport, consumer products and foodstuffs, mining and resources, super yachts, real estate and retail, financial and professional services, leisure and luxury.

Work Highlights

Sitting as arbitrator (joint and sole) in a wide variety of ad hoc and institutional commercial and maritime arbitrations concerning loan and guarantee disputes, professional services disputes, commodities disputes, shipping and wreck removal disputes.

Winning a significant arbitration in Hong Kong for a listed commodities trader against a Chinese state owned entity. This led to one of the earliest instances of recognition of a “foreign” arbitration award (non CIETAC) in the PRC.

Damien was part of the team that successfully sued Aeroflot on behalf of Hong Kong families following an air casualty in Siberia in March 1994. A less dramatic highlight was when Damien successfully argued a case that confirmed that the Hong Kong Limitation Ordinance (Cap 347) does not apply to interpleader proceedings.

Expert in these Jurisdictions

Greater China

United Kingdom

Languages Spoken

English

Experience

All aspects of international trade and maritime and commercial law.

Commercial and maritime litigation and arbitration, including urgent applications for interim relief, injunctions, disclosure orders and asset and evidence preservation orders.

Sitting as arbitrator (joint and sole) in a wide variety of ad hoc and institutional commercial and maritime arbitrations concerning loan and guarantee disputes, professional services disputes, commodities disputes, shipping and wreck removal disputes.

Winning a significant arbitration in Hong Kong for a listed commodities trader against a Chinese state Owned Entity. This led to one of the earliest instances of recognition of a Hong Kong arbitration award in the PRC.

Representing the owner of a vintage super yacht detained in Hong Kong due to a sale and purchase dispute. The matter required working with lawyers in Australia, UK, Malta, Isle of Man, Cayman Islands.

High profile multi-Claimant crypto currency disputes.

Acting as counsel in a Hong Kong arbitration for a party to a Mining Services Agreement concerning gold mining in Mongolia. Ancillary to the arbitration proceedings Damien obtained an urgent injunction preventing a hostile board of directors from convening a meeting to pass resolutions adverse to his client.

Acting for the owner of a yacht destroyed when a fire swept through a Hong Kong marina in June 2021. Multiple luxury vessels were destroyed giving rise to numerous insurance claims and investigations.

Acting for a high profile Asian billionaire in relation to a shareholders’ dispute in Hong Kong.

Various marine casualties involving oil pollution, fire and collisions. Hill Dickinson Hong Kong acted for the owners of the “Costa Concordia”.

Education