Donemark J. L. Calimon

Biography

Donemark Calimon is a partner in Quisumbing Torres' Dispute Resolution Practice Group and heads the Firm's arbitration sub-practice as well as the Construction sub-sector of the Industrials, Manufacturing & Transportation Industry Group. He was the head of the Firm's Dispute Resolution Practice Group from 2013 to 2020. Donemark has more than 20 years of experience in dispute resolution, including civil, criminal, corporate and regulatory litigation, and commercial arbitration. He is one of the founders of the Philippine Institute of Arbitrators (PIArb). He is a member of the panel of arbitrators of the Singapore International Arbitration Center (SIAC), the Philippine Dispute Resolution Center (PDRC) and the Philippine International Center for Conflict Resolution (PICCR). He is also an accredited arbitrator of several Philippine arbitration institutions including the Wholesale Electricity Spot Market (WESM) and the Intellectual Property Office (IPO). He is also presently serving as Secretary General of the PICCR, an alternative dispute resolution center set up by the Integrated Bar of the Philippines to provide arbitration and other dispute resolution services and facilities.

Practice Focus

Donemark has acted as counsel or arbitrator in various commercial arbitrations, including arbitrations conducted under the arbitration rules of the PDRC, International Chamber of Commerce (ICC) and the Construction Industry Arbitration Commission (CIAC), and ad hoc arbitrations under the UNCITRAL Arbitration Rules.

As arbitrator, Donemark has acted on matters relating to various industries or issues, including construction, sale and purchase agreements, supply agreements, financial arrangements such as letters of credit. As counsel, he has represented clients in arbitrations involving construction and energy disputes, disputes relating to agreements in the logistics sector, port development, software and processing solutions, joint ventures, supply agreements, reclamation and land development works.

Outside of arbitration, Donemark has represented various multinational clients, including chemical manufacturing companies in several of the largest torts/product liability actions in the Philippines, mining corporations in mining/environment-related litigation, energy companies involved in tax litigation, airline companies in torts/quasi-delict actions, administrative and criminal proceedings, including proceedings before the World Bank’s Sanctions Board in Washington, DC, and other multinational corporations in regulatory proceedings before the Securities and Exchange Commission, Department of Trade and Industry, Land Transportation Franchising and Regulatory Board, and the Civil Aeronautics Board.

Representative Legal Matters

Advise, represent and provide construction contract management service to a joint venture between a Japanese corporation operating in building construction, civil engineering and real estate development, and a Philippines-based real estate and construction company in connection with a major railway project in the Philippines with a contract value of approximately PhP 50 billion.
Advise and assist a multinational technology company in drafting, reviewing, negotiating and implementing contract packages worth approximately USD 100 million based on the 2017 FIDIC Red Book for the construction of its new campus in the Philippines.
Advise and represent a Hong Kong aviation company in connection with two separate arbitrations against local construction companies in disputes involving a total of approximately USD 5 million.
Represent an international freight forwarding and logistics company in a Supreme Court case involving the issue of nationality requirements for freight forwarding services.
Advise and represent an international freight company on contractual dispute with a domestic freight company, from the arbitration phase to the court enforcement phase.
Advise and assist a multinational technology conglomerate in connection with various safety and security issues (including terrorism, trafficking and child safety) including advising on matters involving the rights, duties, and obligations of online platforms (e.g., social networking sites, messaging applications, video uploading sites, etc.) over content/data shared over their servers and networks and possible new legislation/policies in relation thereto.
Advise and represent an Australian multinational banking and financial services company in a dispute with an engineering firm and a power and energy company (Defendants) involving supply and construction contracts and irrevocable standby letters of credit procured pursuant thereto.
Assist the Philippine subsidiary of one of the world's leading suppliers of cement and aggregates in a commercial arbitration and emergency arbitration proceedings under the Rules of the PDRC involving the termination of a Port Services Agreement.

Professional Honors

Leading Individual for Dispute Resolution, The Legal 500 Asia Pacific, 2017 to 2025
Band 3, Leading Lawyer for Dispute Resolution, Chambers Asia Pacific, 2016 to 2019, 2022 to 2025
Spotlight table, Dispute Resolution: Arbitration, Chambers Asia Pacific, 2021 to 2025
Litigation Star for Commercial and Transactions, Benchmark Litigation, 2019 to 2024
Litigation Star for International Arbitration, Benchmark Litigation, 2019 to 2024
Distinguished Practitioner for Dispute Resolution & Litigation, asialaw Leading Lawyers, 2020 to 2024
Legal 500 Private Practice Arbitration Powerlist - South East Asia Region, 2022 to 2024
Recommended, Who's Who Legal: Southeast Asia 2023 – Arbitration, 2023 to 2024
Band 2, Leading Lawyer for Dispute Resolution, Chambers Asia Pacific, 2021
Band 2, Leading Lawyer for Dispute Resolution: Arbitration, Chambers Asia Pacific, 2016 to 2020

Professional Associations and Memberships

Philippine International Center for Conflict Resolution - Secretary General
Philippine Institute of Arbitrators - Trustee
Philippine Dispute Resolution Center, Inc. - Accredited Arbitrator
Wholesale Electricity Spot Market, Accredited Arbitrator
Philippine Intellectual Property Office, Accredited Arbitrator
The Chartered Institute of Arbitrators (East Asia Branch), Philippine Chapter - Member (MCIArb)
Singapore International Arbitration Center - User's Council Member
Singapore International Arbitration Center - Member, Panel of Arbitrators
International Bar Association - Member
Inter-Pacific Bar Association - Member

Admissions

Philippines (2001)

Education

University of the Philippines (LL.B.) (2000)
Immaculate Conception Major Seminary (A.B. Philosophy) (1995)

Languages

English
Filipino

Co-author, "Philippines: Recommendation for Virtual Hearings," Quisumbing Torres Client Alert, June 2020
Co-author, "NEW Updated Guidelines on Court Operations, Hearings through Videoconference, and Periods for Filing of Pleadings and Other Submissions for ALL courts nationwide", Quisumbing Torres Client Alert, May 2020
Co-author, "Updated Guidelines on Court Operations, Hearings through Videoconference, and Periods for Filing of Pleadings and Other Submissions for Areas under MECQ and GCQ", Quisumbing Torres Client Alert, May 202
Co-author, "Supreme Court Extends Suspension of Court Operations and Periods for Filing of Pleadings and Other Submissions", Quisumbing Torres Client Alert, April 2020
Moderator, "Arbitration Surgery Workshop: Emergency Arbitrator Relief – What Really Happens in the Emergency Room and Afterwards," Chartered Institute of Arbitrators, 15 March 2013