Phone: (604) 689-4438
105-1008 Beach Avenue
Vancouver, BC V6E 1T7
Areas of Expertise:
✔ Admiralty ✔ Antitrust
✔ Commercial/Business ✔ Construction
✔ Contract Disputes ✔ Energy including oil and gas
✔ Franchise ✔ Insurance
✔ Intellectual Property ✔ International
✔ Internet ✔ Joint Ventures
✔ Mining ✔ Partnerships
✔ Securities ✔ Shareholder Disputes
✔ Technology ✔ Telecommunications
✔ Trade Secrets and Confidentiality Disputes ✔ Transportation
With more than forty years experience as a trial lawyer Mr. Smith is well versed in rules of evidence and principles of substantive commercial law. His experience includes cases involving maritime law, construction law, insurance law and oil and gas law. As a commercial arbitrator he recognizes the importance of due process, rigorous procedural management and compliance with applicable laws to achieve arbitration goals of cost savings, speed, efficiency and confidentiality. Mr. Smith possesses the highest arbitration credentials available internationally including qualification as a Fellow and Chartered Arbitrator with the Chartered Institute of Arbitrators, a Fellow of the College of Commercial Arbitrators and a Masters degree in international business law focusing on international arbitration law from the London School of Economics. He has contributed to international journals and has taught arbitration law and practice internationally for more than twenty years. Mr. Smith has many years of experience as an arbitrator serving as chairman, party appointed arbitrator and sole arbitrator. He is currently named to the roster of commercial arbitrators with the ICC, ICDR, CPR, LCIA, VMAA and BCICAC.
Mr. Smith has been practicing law since 1977 and was called to the Bar of British Columbia that year. He qualified as an English Barrister in 1990 and was a door tenant at Essex Court Chambers from 1991 until 2011. Mr. Smith has many years of experience in commercial litigation working with law firms in British Columbia and Yukon Territory.Mr. Smith has served as arbitrator in numerous international and domestic commercial arbitrations as panel chairman, party appointed arbitrator and as sole arbitrator. He has acted as arbitrator in international commercial arbitrations under AAA (ICDR), ICC, BCICAC, ADR Institute Rules and UNCITRAL Rules. His 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 involving electronic components in the automobile parts industry, domestic and international transportation and shipping matters, shareholder rights and the interpretation of commercial and construction contracts.
Sample Arbitrations • 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 three person panel in case under the ICC Rules in dispute involving supply of 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 British Columbia International Commercial 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 BCICAC Rules relating to supply of goods and services • Sole arbitrator in franchise dispute under AAA Rules • Sole arbitrator under BCICAC 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 Public Inquiries • Sole commissioner under the Public Inquiry Act in an inquiry into government regulation of charitable gaming activities. • Counsel in public inquiry into downstream pricing of petroleum products.
• 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 every course and awarded the Schwarzenberger Prize in International Law Fellow of the Chartered Institute of Arbitrators since 1990 Chartered Arbitrator since 2000
Called to the Bars of British Columbia and England
• Named as a pre-eminent practitioner in the Guide to the World’s Leading Experts in Commercial Arbitration; listed in the Guide to the World's Leading Experts in Commercial Arbitration by ExpertGuides.com; ranked in Most in Demand Arbitrators by Chambers & Partners.
Named to the roster of arbitrators for international commercial disputes at the British Columbia International Commercial Arbitration Centre, the International Panel of Arbitrators of the American Arbitration Association (International Centre for Dispute Resolution), the roster of arbitrators for the Vancouver Maritime Arbitrators Association, the CPR Cross-Border Arbitration Panel and the Canadian Transportation Agency List of Arbitrators.
• Fellow of the College of Commercial Arbitrators; Chairman of the North American Branch of the Chartered Institute of Arbitrators (2005 to 2008); Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators; Member, Board of Directors for the International Council for Commercial Arbitration (ICCA) May 2006 Montreal Congress; Member of the Board of the Canadian Arbitration Congress; Royal Roads University Advisory Board; Discipline Committee of the Law Society of Yukon; Board of Directors of the BVI International Arbitration Centre. • Chairman, Yukon Economic Council, 1986–1988
University of Windsor, Bachelor of Science, 1973 University of Windsor, Bachelor of Laws, 1976 London School of Economics, Master of Laws, International Business Law, 1989
• 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). • “Serving as Chairperson in International Commercial Oil & Gas Arbitrations” (pp.921-23) in The Leading Practitioner’s Guide to Oil & Gas Arbitration (Huntington: Juris Publishing Inc., 2015) • 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. • “Contractual Obligations Owed by and to Arbitrators: Model Terms of Appointment”, (1992) 8 Arbitration International 17. • “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. • Nippon Steel Corp. et al. v. Quintette Coal Ltd. – Arbitration Case Comment, [1989-90] 4 Oil & Gas Law and Taxation Review 105. • “When Does the Previous Statement of the Witness Become an Exhibit?” (1986), 44 The Advocate 831. • “Reliance Document Management”, International Council for Commercial Arbitration (ICCA) Miami 2014 Congress, published in ICCA Congress Series #18 (The Netherlands: Kluwer Law International, 2015)