Donovan Ferguson

Don Ferguson

Experience

Donovan Ferguson is a Partner of King & Wood Mallesons in the Dispute Resolution team.  He specialises in infrastructure, construction and commercial disputes.  He works closely with clients in the building, energy and projects sectors, advising on the full life cycle of their projects in Asia. Donovan is praised for resolving major disputes quickly and cost effectively, avoiding litigation or arbitration where he can and using other methods to achieve his client’s commercial objectives.

Described as "a standout partner”, “a very impressive lawyer” (Who’s Who Legal, 2019), "very astute and has in-house experience, so he knows what clients want" and "straight-to-the-point and practical way of dealing with things" (Chambers Asia Pacific, 2019), Donovan is a trusted adviser to his clients.  He is recommended as “an insightful and trustworthy adviser with client’s best interest at heart” (Legal 500 Asia Pacific, 2019).

Donovan is listed in Who’s Who Legal: Construction (2019) and in Doyle’s Guide to Leading Construction and Infrastructure Lawyers (2018 and 2017).  Such is his relationship with his clients, he was recently recognised with the Client Choice Award for the Construction Category in Hong Kong (2019).  He is also recognised in Expert Guides (2018 and 2017).

Donovan is qualified in Hong Kong and Australia and is a Fellow of the Chartered Institute of Arbitrators.  He is currently the Honorary Secretary of the East Asia Branch of the Chartered Institute of Arbitrators.

Recent representative experience

Non-contentious

  • A multi-billion Hong Kong dollar contract for the design and construction of a data centre in Hong Kong.
  • The largest tender for a project in Hong Kong in 2018.
  • A multi-billion US dollar project for an EPC contract for a coal project in Indonesia.
  • NEC3 and NEC4 contracts for Hong Kong private projects.

Contentious

  • A number of disputes on a rail project in Hong Kong.
  • Successfully defending both employers and contractual for prosecutions for breaches of safety and environmental laws in Hong Kong.
  • A number of Hong Kong arbitrations concerning the construction of projects in the region, including Macau, Singapore and the Philippines.
  • One of the largest Hong Kong projects in relation to a key piece of infrastructure with China.
  • A Joint Venture dispute in Hong Kong.
  • A Singapore-seated arbitration under the UNCITRAL Arbitration Rules concerning the construction of a major pipeline project in Australia, with claims and counterclaims greater than AU$1 billion.
  • A Singapore-seated arbitration under the ICC Rules concerning the design and construction of a processing plant in Malaysia.
  • A Hong Kong-seated arbitration under the HKIAC Domestic Arbitration Rules concerning a hospital project in Hong Kong.
  • An Indonesia-seated arbitration under the BANI Arbitration Rules concerning an offshore pipeline project in Indonesia.
  • A Hong Kong-seated arbitration under the UNCITRAL Arbitration Rules concerning the design and construction of a road project in the Philippines.

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Reputation

  • Who’s Who Legal Construction, 2019
  • Up & Coming Lawyer, Construction – Chambers Asia-Pacific, 2019
  • Rising Star – Expert Guide, 2018
  • Recommended Lawyer – Leading Construction, Projects & Infrastructure Lawyers, Hong Kong, 2017
  • Rising Star – Expert Guide, 2017

Professional Qualifications

  • 2009: Admitted as a solicitor in Hong Kong (High Court)
  • 2005: Admitted as a solicitor in New South Wales (Supreme Court)
  • 2005: Admitted as a solicitor in Queensland (Supreme Court)

Memberships

  • Fellow, Chartered Institute of Arbitrators
  • Member, Society of Construction Law Hong Kong
  • Member, Society of Construction Law Australia
  • Member, Resources and Energy Law Association

Education

  • Bachelor of Laws (Hons and University Medal), Queensland University of Technology, 2004
  • Bachelor of Arts (Dist), Queensland University of Technology, 2004
  • Post Graduate Diploma of International Arbitration, Queen Mary, University of London, 2012

Location

Legal insights

We discuss the caseload statistics issued by the ICSID involving States in the South & East Asia & the Pacific Region.

06 September 2019

Investors journeying along Belt and Road Initiative (BRI) countries will be wary of the operational, political and legal risks that come along on the route.

12 April 2018

The automatic inclusion of Schedule 2 of the Arbitration Ordinance in “domestic arbitrations” expires from 1 June 2017 – impact on existing and future arbitration agreements.

22 May 2017

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