DLCalimon

Donemark J. L. Calimon

Biography

Donemark Calimon is a partner and the head of Quisumbing Torres' Dispute Resolution Practice Group and the Industrials, Manufacturing & Transportation Industry Group. Donemark has 19 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) and is an accredited arbitrator of the Philippine Dispute Resolution Center, Inc. (PDRCI). He is also an accredited arbitrator of the Construction Industry Arbitration Commission (CIAC). He was appointed as Member of the Panel of Arbitrators of the Singapore International Arbitration Center (SIAC). He was also recently appointed Secretary General of the Philippine International Center for Conflict Resolution, an alternative dispute resolution (ADR) center set up by the Integrated Bar of the Philippines to provide arbitration and ADR 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 PDRCI, International Chamber of Commerce (ICC) and the Philippine Construction Industry Arbitration Commission, and ad hoc arbitrations under the UNCITRAL Arbitration Rules.

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 commercial arbitration and tax litigation, airline companies in torts/quasi-delict actions, construction companies in arbitration, 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

  • Assist the Philippine subsidiary of one of the world's leading suppliers of cement and aggregates in a commercial arbitration under the Rules of the PDRCI. The case involves the termination of a Port Services Agreement by the client. The value of the dispute is around PhP1.8 Billion.

  • Represent an information technology company in a dispute involving services rendered under a contract to supply the SEA Games Information System, worth around USD 3 Million.

  • Advise a subsidiary of a multinational oil & gas company in connection with its issues relating or arising from its International Centre for Settlement of Investment Disputes (ICSID) Arbitration against the Republic of the Philippines.

  • Advise and assist a subsidiary of a multinational oil & gas company in a potential arbitration against two of its contractors, in relation to the construction of its new fuel import facility in the southern part of the Philippines.

  • Assist and represent a government agency in injunction proceedings and a potential arbitration its contractor for its new flagship museum in Manila.   

  • Defend a multinational technology company engages in the provision, implementation, and support of software and processing solutions to the financial services industry in the Asia Pacific against Petition for Interim Measure of Protection for Preservation of Evidence in relation to Arbitration.

  • Represent an online technology platform in several completed and ongoing proceedings, including court litigation, public hearings before national legislative bodies and proceedings before the Land Transportation Franchising and Regulatory Board.

  • Represent a US-based multi-level marketing company in proceedings before the Securities and Exchange Commission and the Department of Trade and Industry.

  • Advise and represent two major international chemical companies in torts suits filed by banana plantation owners, which together possibly constitute the biggest damages/tort suits ever filed in the Philippines.

  • Represent the Philippine branch of a Netherlands-based electronics company against claims made by a government-run medical institution in relation to an equipment supply contract.

  • Represent a US-based solar energy company in an arbitration relating to breaches of joint venture and supply agreements.

  • Advise a joint venture between two Japanese engineering and construction companies in connection with construction arbitration before the CIAC in relation to its claims against a Philippine government agency arising from an agreement to construct a local airport facility.

  • Appointed as an arbitrator in an arbitration administered by the International Court of Arbitration of the ICC between a US-based private financial planning company and a Philippine-based publicly-listed property development firm involving claims under an equity line of credit agreement.

  • Appointed as chairman of an arbitral tribunal in an ad hoc international arbitration, under the UNCITRAL Arbitration Rules, between a Philippines-based trading and manufacturing company engaged in heavy metal scraps and a foreign company.

  • Appointed as an arbitrator in an ad hoc international arbitration between a Philippines-based hatchery and the Philippine subsidiary of a Norway-based aquaculture company.

  • Appointed as chair of the arbitral tribunal in a construction arbitration under the Arbitration Rules of the CIAC. The dispute involves claims for breach of contract for the supply of formworks against a local construction company.

Professional Honors

  • Distinguished Practitioner for Dispute Resolution, Asialaw Leading Lawyers, 2020
  • Leading Individual in Dispute Resolution and Arbitration, The Legal 500 Asia Pacific, 2017-2020
  • Leading Individual in Dispute Resolution: Arbitration, Chambers Asia Pacific, 2017-2020
  • Leading Individual in Dispute Resolution, Chambers Asia Pacific, 2017-2020
  • Dispute Resolution Star in Commercial and Transactions, International Arbitration, Benchmark Litigation Asia Pacific, 2019
  • Market-Leading Lawyer for Dispute Resolution & Litigation, Asialaw Leading Lawyers, 2018-2019

Professional Associations and Memberships

  • Integrated Bar of the Philippines Arbitration Center – Executive Director (July 2017 - July 2019)
  • Integrated Bar of the Philippines - Presidential Assistant on Alternative Dispute Resolution (July 2015 - June 2017)
  • Philippine Institute of Arbitrators - President (2018-2019)
  • Philippine Dispute Resolution Center, Inc. - Accredited Arbitrator
  • Philippine International Center for Conflict Resolution (PICCR) - Secretary General
  • Asia-Pacific Forum for International Arbitration (AFIA) - Member
  • Construction Industry Arbitration Commission (CIAC). Accredited Arbitrator
  • Wholesale Electricity Spot Market, Accredited Arbitrator
  • Philippine Intellectual Property Office, Accredited Arbitrator
  • Legal Management Council of the Philippines (LMCP) - Member
  • The Chartered Institute of Arbitrators (East Asia Branch), Philippine Chapter - Member (MCIArb)
  • Singapore International Arbitration Center (SIAC) - User's Council Member
  • Singapore International Arbitration Center (SIAC) - Member, Panel of Arbitrators
  • Office for Alternative Dispute Resolution (OADR) -Technical Working Group on Amendments to Philippine Arbitration Law
  • International Council for Commercial Arbitration - Member
  • 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

Moderator, “Arbitration Surgery Workshop: Emergency Arbitrator Relief – What Really Happens in the Emergency Room and Afterwards," Chartered Institute of Arbitrators, 15 March 2013

Presenter, "Philippines: Latest Developments and Issues in Arbitration," Workshop of Arbitration: Developments across borders — Addressing dispute resolution issues that affect your business, 7 November 2012

Moderator, Alternative Dispute Resolution Best Practices and PPP Opportunities, 8-9 November 2012

Author, “The Special ADR Rules…A Year Later,” The Philippine ADR Review, January 2011

Speaker, Intellectual Property Office-PDRCI Arbitrator Accreditation Seminar, University of the Philippines, 26-28 October 2010