David Kreider

International Arbitrator

Languages: English, Mandarin (spoken and written)

Law office of Smith Barristers
Auckland, New Zealand

Mr. Kreider’s 30+ year legal career includes 14 years as general counsel to telecommunications giants China Mobile and Vodafone, senior securities regulatory roles in New York and Hong Kong, and as a trial lawyer with a major Wall Street law firm. He served as panelist in more than 130 Internet domain name cases, resolving more than 350 disputed domain names. Many of his decisions were written by him in Chinese.

Practice Areas

Intellectual Property Law, Information Technology Law, Software and Luxury Goods Licensing, Financial and Hospitality Industry Disputes.

Professional Experience

Mr. Kreider’s 30+ year legal career includes 14 years as general counsel to telecommunications giants China Mobile and Vodafone, respectively, senior securities regulatory roles in New York and Hong Kong, and more than a decade as a trial lawyer with a major Wall Street law firm.

He has been appointed presiding arbitrator, sole arbitrator or co-arbitrator in more than 30 international arbitration references, including ICC, HKIAC, SIAC and ICDR administered and ad hoc proceedings. He has also served as panelist in more than 130 Internet domain name cases, resolving more than 350 disputed domain names. Many of his panel decisions were written by him in Chinese.

Currently the Chairman of the New Zealand National Committee of the ICC International Court of Arbitration, he was an Alternate Member on the Court from 2014 to 2017.

Mr. Kreider is a licensed solicitor and attorney-at-law in England, Hong Kong, New York, New Jersey, California, Florida and Washington, D.C. He speaks and reads Mandarin Chinese in addition to English.

Arbitration Experience

  • Presiding arbitrator in a Singapore-seated dispute between Asian parties arising out of a trademark license agreement.
  • Emergency arbitrator in a Hong Kong seated shareholder dispute between P.R. China and offshore parties arising out of a corporate restructuring agreement.
  • Appointed president upon joint nomination by the co-arbitrators in a Seoul seated dispute between Asian parties arising out of a technology licensing agreement.
  • Sole arbitrator in a Hong Kong seated dispute between Japanese and Chinese parties arising out of agreements for the sale and purchase of precision scientific equipment.
  • Co-arbitrator in a Singapore seated dispute between Asian parties arising out of various hotel management agreements.
  • Co-arbitrator in a Macao seated dispute between Macanese and Indochinese parties concerning a gaming joint venture.
  • Co-arbitrator in a Hong Kong seated dispute arising from a settlement agreement between shareholders.
  • Co-arbitrator in a Singapore seated dispute between Bermudan and Indonesian parties arising out of an agreement for the sale and purchase of telecommunications equipment.
  • Co-arbitrator in Hong Kong seated arbitral proceedings involving a dispute between Dutch and Chinese parties to a hotel management agreement.
  • Sole arbitrator in a Hong Kong seated trademark licensing dispute between Japanese and Chinese parties.
  • Co-arbitrator in 4 Hong Kong seated references between a Singapore claimant and Asian and off shore respondents alleging breach of a share purchase agreement and related guarantees.
  • Co-arbitrator in 5 Singapore seated references by a U.S. based securities broker alleging breach of customer agreements by multiple Asian respondents.
  • Sole arbitrator in a trademark licensing dispute seated in Hong Kong between Dutch and Chinese parties pertaining to the manufacture and distribution of luxury clothing and household furnishing products.
  • Sole arbitrator and chairman, respectively, in 2 related Hong Kong seated proceedings involving a trademark licensing dispute between Singapore and Chinese parties pertaining to a luxury hotel brand in China.
  • Co-arbitrator in a dispute seated in Toronto over a trademark licensing and product distribution agreement for water treatment technologies.
  • Chairman in a dispute seated in Singapore between Australian and Malaysian parties to a software distribution and trademark licensing agreement.
  • Co-arbitrator in a Hong Kong seated dispute between a UK telecommunications company and a Chinese telecommunications VAS (Value Added Services) provider for breach of an acquisition agreement.
  • Co-arbitrator in a Hong Kong seated ad hoc arbitration between U.S. and Chinese parties involving a failed acquisition agreement and telecommunications and IP licensing issues.
  • Sole arbitrator in a Singapore seated dispute arising under an agreement between a Singapore ISP (Internet Services Provider) and a Singapore hotel management company for the installation of a VoIP (Voice over Internet Protocol) telecommunications network.
  • Sole arbitrator under a contract between Singapore parties for the construction and testing of a POS (Point-Of-Sale) computer system.

Professional and Other Activities

  • Chairman of the New Zealand National Committee of the ICC International Court of Arbitration (Sept. 2016 – present). Responsible for proposing arbitrators to the ICC Court in Paris where the latter is called upon to appoint an arbitrator under Article 13(3), and for recommending new Court Members for appointment by the ICC World Council.
  • Alternate Member of the ICC International Court of Arbitration, Paris (June 2014 – June 2017). Decides the appointment of arbitrators and their awardable fees; conducts Article 33 (ICC Arbitration Rules 2012) scrutiny reviews and approvals of final arbitral awards.
  • Chartered Arbitrator of the Chartered Institute of Arbitrators, London (Since 2006). “Chartered” status is the highest level of membership in this global qualifications body.
  • Faculty member of the Chartered Institute of Arbitrators, London. Regularly instructs the Institute’s Diploma Course in International Commercial Arbitration.
  • Member of the New Zealand Markets Disciplinary Tribunal (July 2013 – April 2017). Appointed by the New Zealand Government to serve on this independent disciplinary body, which conducts hearings to determine and impose penalties for financial market misconduct under the rules of the New Zealand Stock Market.

Academic Qualifications

Chartered Institute of Arbitrators’ Diploma in International Commercial Arbitration, 2007
Doctor of Law, University of Miami School of Law, 1981
Bachelor of Arts, East Asian Studies, Muhlenberg College, 1978
Oberlin-in-Taiwan Intensive Program in Chinese Studies, 1975-76

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