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 practicing 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, VanIAC, 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-person panel in royalty payment dispute involving First Nation association and a mining company arising out of iron ore project in Nunavut Canada
• Chairman of three-person panel under AAA Rules in oil well drilling dispute, seated in Houston
• Chairman of three-person panel in arbitration proceedings under UNCITRAL Rules involving disputes over distribution of Kazakhstan oil field production profits, seated in Calgary, Alberta
• Chairman of three-person tribunal in an arbitration between North American parties and off-shore registered corporations related to royalty payments and rights to intellectual property
• Chairman of a three-person panel under Bermuda Law and UNCITRAL Rules in contract dispute relating to satellite telecommunications, seated in Bermuda
• Chairman of a three-person panel under ADR Institute Rules in a contract dispute involving transportation and storage of petroleum products, seated in Vancouver, British Columbia
• Chairman of a three-person panel in a dispute involving insurance coverage issues, seated in Calgary, Alberta
• Chairman of a three-person panel under ICDR Rules in ship repair dispute, seated in Honolulu
• President of Tribunal in case under the ICC Rules involving supply of construction materials for energy project, seated in San Francisco
• Member of three-person tribunal in proceedings under UNCITRAL Rules involving Liquefied Natural Gas Sales and Supply Contracts, seated in New York City
• Member of three-person panel under ICC Rules in oil refinery construction dispute, seated in Calgary, Alberta
• Member of three-person tribunal under ICDR Rules involving dispute between Canadian and U.S. corporations in respect of agreements for proprietary technology for voice traffic over an Ethernet area network
• Member of three-person panel in a dispute over obligations arising under mining exploration concession agreements for properties located in Central America
• Member of three-person panel in a commercial arbitration involving international parties relating to alleged breach of a contract for computer software use and licensing
• Member of a three-person panel in proceedings under ICC Rules involving dispute between North American and Japanese manufacturers in contracts for intellectual property and technology transfer involving electronic components in the automobile parts industry, seated in New York City
• Member of three-person panel in commercial dispute under JAMS Rules involving Latin American supply contracts, seated in Atlanta, Georgia
• Appointed by the Permanent Court of Arbitration to a three-person panel in dispute between a California internet service provider and a Turkish telecommunications entity involving agency agreements and issues of government regulation, seated in Los Angeles
• Sole arbitrator under the Commercial Arbitration Act of British Columbia in a dispute relating to earn out payments under a share purchase agreement
• Sole arbitrator in dispute between First Nations association and technology company relating to delivery of internet services to Northern Canada
• Sole arbitrator in disputes over rate adjustments and rail transportation contracts under Canada Transportation Act
• Sole arbitrator under UNCITRAL Rules in contract dispute involving mining concessions in the Democratic Republic of Congo, seated in Vancouver, British Columbia
• Sole arbitrator in international maritime law dispute under ICDR Rules
• Sole arbitrator under Vancouver International Arbitration Centre Rules in a contract dispute involving computer software development
• Sole Arbitrator in dispute between U.S. party and Indian party regarding supply of construction materials
• Sole Arbitrator in commercial dispute under VanIAC Rules relating to supply of goods and services
• Sole arbitrator in franchise dispute under AAA Rules
• Sole arbitrator under VanIAC Rules in dispute involving ship building contracts
• Expert Panellist for the resolution of disputes in various cases involving objections to Internet Corporation for Assigned Names and Numbers (ICANN) generic Top-Level Domain Names
• Sole Arbitrator in a Final Offer Arbitration involving interpretation of a commercial contract.
• Sole Arbitrator in ad hoc commercial arbitration involving Inuit First Nation Association and international mining company regarding interpretation of resource development contract.

Selected Professional Activities (for full list please visit Smith Barristers):

• LondonSchool 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 Arbitrator

Publications

• The New “Real Danger” Test for Arbitrator Bias in British Columbia (2019), 77 The Advocate 831
• Collaborated with Alan Redfern and Martin Hunter of Freshfields, London in writing “The Law and Practice of International Commercial Arbitration (2^nd 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 (15^th 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