Donovan 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.

Donovan is described as "one of the go-to construction lawyers in HK and indeed Asia" (Legal 500 Asia Pacific), "a standout partner", "a very impressive lawyer" (Who's Who Legal) and "absolutely one to watch – a delight to work with and a strong, practical lawyer" (Chambers Asia Pacific). He has “a busy practice that sees him handle high-profile construction disputes. He is frequently sought after by clients from the energy sector” (Chambers Greater China).

Donovan was awarded Dispute Resolution Lawyer of the Year at the ALB Hong Kong Law Awards (2022). He is ranked in Who's Who Legal: Construction (2019 to 2024), Chambers Asia Pacific and Greater China Region (2019 to 2024), Legal 500 Asia Pacific (2019 to 2024) and other directories. Such is his relationship with his clients, he was recognised with the Client Choice Award for the Construction Category in Hong Kong.

Donovan is qualified in Hong Kong and Australia and is a Fellow of the Chartered Institute of Arbitrators. He is currently the Chairman of the Chartered Institute of Arbitrators (East Asia Branch) and the Past Chairman of the Society of Construction Law Hong Kong.

Recent representative experience

Non-contentious

NEC3 and NEC4 contracts for Hong Kong private projects including hospitals, schools and other civil engineering projects.
FIDIC contracts for an energy company in Hong Kong.
A PPP for the design, construction and operation of a mixed use development in Hong Kong.
A multi-billion dollar contract for the upgrade of a network between Hong Kong and the Mainland.
A multi-billion Hong Kong dollar contract for the design and construction of a data centre in Hong Kong and related contracts.
The largest tender for a sports project in Hong Kong.
A multi-billion US dollar project for an EPC contractor for a coal project in Indonesia.

Contentious

A number of disputes on a rail project in Hong Kong, where the sums in dispute are multiple HK$ billions.
A Hong Kong dispute about defects on a significant infrastructure project involving multiple parties.
A Hong Kong dispute under a NEC4 contract in relation to land development in Hong Kong.
Successfully defending both employers and contractors for prosecutions for alleged breaches of safety, environmental and building laws and regulations in Hong Kong.
A number of arbitrations concerning the construction of projects in the region, including casinos in Macau, residential developments in Macau and Hong Kong, a hospital in Hong Kong, a residential block in Singapore, a sports stadium in Singapore and a major tollway in the Philippines.
One of the largest Hong Kong projects in relation to a key piece of infrastructure with China, with the dispute worth multiple HK$ billions.
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.
An Indonesia-seated arbitration under the BANI Arbitration Rules concerning an offshore pipeline project in Indonesia.

Reputation

Dispute Resolution Lawyer of the Year, ALB Hong Kong Law Awards 2022
Leading Individual 2024 and Next Generation Partner 2020 to 2023 in Legal 500 Asia Pacific
Ranked in Chambers Asia-Pacific / Greater China Region, 2020 to 2024
Who’s Who Legal: Construction – Future Leaders: 2019, Future Leaders “Most Highly Regarded”: 2020, Recommended: 2021, Thought Leaders: 2022 and Global Elite Thought Leader 2024
Construction & Infrastructure Litigation Lawyers, Doyles Guide, Hong Kong, Leading Lawyer: 2020 and 2021 and Preeminent Lawyer: 2022 and 2024
Stand-out Lawyer, Thomson Reuters, 2022
Up & Coming Lawyer, Construction – Chambers Asia-Pacific, 2019
Expert Guide, 2017 to 2021

What clients say about Donovan

"pleasure to deal with; he is very personable and always available and always acts in our best interests… exceptional in terms of client support and handling a wide range of different types of matters. He is technically savvy too." (Chambers Greater China Region, 2024)
"‘very gifted' and a commercially astute lawyer with an excellent understanding of construction and is the first point of contact for many employers and contractors in relation to contentious matters” (Legal 500 Asia Pacific, 2023)
"an excellent partner who puts the interests of his clients first” (Chambers Greater China Region, 2023)
“impresses peers with his handling of many complex construction cases in Hong Kong, bringing experience of the full range of construction and infrastructure issues to his clients’ matters” (Who’s Who Legal, 2022)
"transitioned from a "future leader" in the industry to one of the go-to construction lawyers in HK and indeed Asia. A commercially sensitive lawyer who is very hands on, ensuring his clients receive the best possible legal advice. An excellent dispute manager" (Legal 500 Asia Pacific, 2022)
"brings a level-headed objective approach to dispute resolution underscored with great contextual and situation awareness that is often the bedrock to his high success rate at finding a commercially sensible outcome in tricky cases, that go beyond just simple winning or losing" (Legal 500 Asia Pacific, 2022)
rises in the rankings after receiving widespread endorsement. One client admires his "ability to provide accurate and insightful commercial advice quickly" (Chambers Greater China Region, 2022)
"extremely impressive grasp of the subject matter" and has the "inside track of the market in terms of litigation, arbitration and counsel" (Chambers Asia Pacific, 2021)
"absolutely one to watch – a delight to work with and a strong, practical lawyer" and "He gets into the detail of arbitrations and has a full grasp of the facts, the applicable law and any technical issues. He is very practical and sensible in identifying what the core issues are" (Chambers Asia Pacific, 2020)
a "rising name", drawing praise for his "great eye for detail" and "practical and strategic approach" (Who's Who Legal 2020)
"is very commercial and understands clients' needs" (Legal 500 Asia Pacific, 2020)
"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)
"an insightful and trustworthy adviser with client's best interest at heart" (Legal 500 Asia Pacific, 2019)

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

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