Intellectual Property Law, Accounting Law, Banking Law, Company Law, Construction Law, Education Law, Financial Services, Fine Art Law, Insurance Law, Partnership Disputes, School Law, Trade Law, Trademark Law. Commercial Law, Maritime Law, Oil and Gas Law, Mining Industry, Transportation Law
Mr. Smith has served as arbitrator in a wide variety of international and domestic commercial arbitrations as panel chairman, party appointed tribunal member and as sole arbitrator. He collaborated with Martin Hunter and Alan Redfern in writing the leading text “Law and Practice of International Commercial Arbitration” (2nd ed.) and is a frequent lecturer on the subject of international arbitration practice. Mr. Smith is also an English Barrister. As an arbitrator in complex commercial cases, Mr. Smith recognizes the fundamental importance of impartiality, due process and equal treatment of the parties while maintaining rigorous procedural oversight.
Currently practising out of offices in Vancouver, British Columbia, his practice is confined to sitting as an arbitrator in domestic and international commercial arbitration cases. He has acted as arbitrator in international commercial arbitrations under AAA (ICDR), ICC, BCICAC, ADR Institute Rules and UNCITRAL Rules.
Mr. Smith’s arbitration work has involved disputes over the distribution of oil field production profits, gas supply contracts for power generation facilities, mining exploration concession agreements, royalty payments and rights to intellectual property associated with internet commerce, breaches of agreement for the purchase of proprietary technology, computer software use and licensing, intellectual property and technology transfer agreements, domestic and international transportation and shipping matters, shareholder rights and the interpretation of commercial and construction contracts.
Selected Experience (for full list please visit: Smith Barristers):
- Chairman of three member tribunal under UNCITRAL Model Law and UNCITRAL Rules involving contract disputes over distribution of oil field production profits.
- Chairman of three person tribunal in an arbitration between North American claimants and off-shore registered corporations related to contract disputes involving royalty payments and rights to intellectual property associated with internet gaming.
- Member of three person tribunal of the International Centre for Dispute Resolution (ICDR) involving an arbitration between Canadian and U.S. corporations in respect of an alleged breach of contract for purchase of proprietary technology for voice traffic over Ethernet area network.
- Member of three person panel in a dispute over obligations arising under mining exploration concession contracts for properties located in Central America.
- Member of three person panel in a commercial arbitration involving a Canadian subsidiary of an international corporation and a U. S. party relating to alleged breach of a contract related to computer software use and licensing.
- Chairman of a three-person panel under UNCITRAL Model Law involving accounting requirements and RICO claims under oil production profit sharing contract
- Member of 3 person panel under BCICAC Rules in dispute involving option rights under mining contracts
- Sole arbitrator under Canada Transportation Act Final Offer Arbitration provisions to resolve rate adjustments in transportation contracts
- Sole arbitrator under National Arbitration Rules of the ADR Institute involving various disputes relating to contracts for internet services
- Sole arbitrator under BCICAC Rules in dispute involving rights under Share Purchase Agreement.
- Chairman of three person tribunal in dispute between Inuit association and mining company under the Arbitration Act (Nunavut).
- Member of three person tribunal under UNCITRAL Rules in international commercial dispute related to LNG sales contracts.
- Chairman of three person panel under ICC Rules in contract dispute relating to international energy project.
- Sole commissioner under the Public Inquiry Act on inquiry into government regulation of charitable gaming.
- Commission counsel in public inquiry into petroleum product pricing practices.
Professional and Other Activities
Selected Professional Activities (for full list please visit Smith Barristers):
- London School of Economics, Master of Laws, International Business Law with Focus on International Commercial Arbitration Law
- Called to the Bar of England and Wales, 1990
- Course Director for numerous arbitrator training programs with the Chartered Institute of Arbitrators
- Past Chairman of the North American Branch of the Chartered Institute of Arbitrators
- Collaborated with Alan Redfern and Martin Hunter of Freshfields, London in writing “The Law and Practice of International Commercial Arbitration (2nd edition, 1991) (Sweet and Maxwell)
- Contractual Obligations Owed by and to Arbitrators: Model Terms of Appointment”, (1992) 8 Arbitration International17.
- “Harper v. Kvaener Fjellstrand Shipping A.S. Arbitration Case Comment, [May 1992] Harbour & Shipping.
- “How to Avoid Common Pitfalls in the Conduct of a Complex Arbitration” in Advanced Practice in Commercial Arbitration (Continuing Legal Education Society of British Columbia: Vancouver 1991).
- “Impartiality of the Party-Appointed Arbitrator”, (1990) 6 Arbitration International 320.
- Costs in International Commercial Arbitration, (2001) AAA Dispute Resolution Journal 30.
- Charlesworth’s Business Law (15th edition, (1991) Sweet and Maxwell) specialist editor on arbitration law.
- Serving as the Chairperson in International Commercial Oil & Gas Arbitrations; The Leading Practitioner’s Guide to International Oil & Gas Arbitration; Juris Publishing Inc. 2015.
- Reliance Document Management; International Council for Commercial Arbitration Congress Series No. 18; Kluwer; 2014.
- The New “Real Danger” Test for Arbitrator Bias in British Columbia (2019), 77 The Advocate 831.
- University of Windsor, Honours Bachelor of Science, 1973
- University of Windsor, Bachelor of Laws, 1976
- London School of Economics, Master of Laws, International Business Law, 1989
- Graduate studies in International Law of Natural Resources, International Economic Law, International Business Transactions and International Commercial Arbitration Law
- Achieved a mark of Distinction in all courses and awarded the Schwarzenberger Prize in International Law