Victor Smith

BSc, LLM, DipArb, DipICArbVICTOR SMITH
Victor is recognised as one of the leading arbitrators in Thailand. He graduated from Kingston Polytechnic with a BSc Degree in Quantity Surveying and from Northumbria University with an LLM in International Commercial Law (Distinction).

He also holds a Post Graduate Diploma in Arbitration from Reading College of Estate Management and a Diploma in International Commercial Arbitration from the Chartered Institute of Arbitrators. He is a Member of the Society of Construction Law in England.

He has worked in the construction industry in Europe, the Middle East, Africa, South America and Asia. He regularly sits as an arbitrator in both international and domestic arbitrations and assists parties in arbitration proceedings.

He has particular experience in construction disputes but has also dealt with international trade disputes, shipping disputes, aviation disputes, joint venture disputes and a variety of general commercial disputes. He has accepted over 70 appointments to act as an arbitrator or represent parties in arbitration proceedings where the amounts in dispute have ranged from less than US$ 0.5 million to US$ 92.0 million. He has been directly appointed as an arbitrator by several arbitral institutions including the ICC, SIAC, KLRCA and CIArb. He has conducted arbitrations as a sole arbitrator under ICC, SIAC and TAI arbitration rules and as a panel member under ICC, SIAC, TAI, VIAC and BOTT arbitration rules and for ad-hoc arbitrations. He has conducted arbitrations under English, Indian, Malaysian, Nepalese, Singaporean, Thai and Vietnamese law.

He is a Fellow of the Chartered Institute of Arbitrators, the Chartered Institute of Arbitrators Thailand Branch, the Singapore Institute of Arbitrators, the Hong Kong Institute of Arbitrators and the Malaysian Institute of Arbitrators. He is on the panel of arbitrators for numerous arbitral institutions including APRAG, BOTT, CIArb, DIAC, HKIAC, ICDR, KCAB, KLRCA, NZDRC, PIAC, SCIA, SIAC, TAI, THAC and VIAC.

He is the past Chair of the Commission on Arbitration for ICC Thailand (2004 to 2012) and is a former Member of the London Court of International Arbitration (2003 to 2013). He taught arbitration and ADR at Thammasat University in Bangkok for the LLM Master of Laws Course in Business Law (2010 to 2014).

Examples of arbitrations where he has conducted arbitrations as an arbitrator or as a party representative / consultant include:

As an arbitrator (41 appointments):
• Sole arbitrator, SIAC arbitration, Singaporean law. International trade dispute between a Hong
   Kong party and an Indian party.
• Sole arbitrator, SIAC arbitration, Singaporean law. Shipping dispute between a German party and
   an Indonesian party.
• Panel member, ICC arbitration, Thai law. Construction dispute between Thai parties.
• Sole arbitrator, TAI arbitration, Thai law. Property dispute between Thai parties.
• Panel member, TAI arbitration, Thai law. Property dispute between Thai parties.
• Panel member, ad-hoc arbitration, Thai law. Aviation dispute between Thai parties.
• Panel member, ad-hoc arbitration, Malaysian law. Shipping dispute between a Malaysian party
   and a Thai party.
• Panel member, TAI arbitration, Thai law. Property dispute between Thai parties.
• Panel member, BOTT arbitration, Thai law. Construction dispute between Thai parties.
• Panel member, ICC arbitration, English law. Construction dispute between a Thai party and Thai /
   Chinese parties.
• Panel member, VIAC arbitration, Vietnamese law. Construction dispute between Vietnamese
   parties.
• Panel member, TAI arbitration, Thai law. Shareholder / license dispute between a Thai party and
   an Austrian party.
• Panel member, TAI arbitration, Thai law. Construction dispute between Thai parties.
• Panel member, ad-hoc arbitration, Nepalese law. International trade dispute between a Nepalese
   party and a Thai party.
• Panel Member, TAI arbitration, Thai law. Construction dispute between a Thai and a Taiwanese /
   Thai party.
• Panel member, BOTT arbitration, Thai law. Construction dispute between Thai parties.
• Panel member SIAC arbitration, Thai law. Joint venture dispute between a Japanese party and
   Thai parties.
• Panel member, ICC arbitration, Thai law. Construction dispute between Thai parties.
• Sole arbitrator, ICC arbitration, Thai law. Lease dispute between a Dutch party and an Indian
   party.
• Sole arbitrator, ICC arbitration, Thai law. Construction dispute between Thai parties.
• Panel member, TAI arbitration, Thai law. Aviation services dispute between Thai parties.
• Panel member, ICC arbitration, Thai law. Construction dispute between a Thai party and a Thai /
   Korean party.
• Panel member, TAI arbitration, Thai law. Construction dispute between a Thai party and a Thai /
   Taiwanese party.
• Panel member, SIAC arbitration, English law. Construction dispute between a Chinese party and
   a Cambodian party.

As a party representative / consultant (33 appointments):
• ICC arbitration, Thai law. Construction dispute between Thai parties.
• TAI arbitration, Thai law. Construction dispute between Thai parties.
• TAI arbitration, Thai law. Property dispute between Thai parties.
• ICC arbitration, Thai law. Construction dispute between Thai parties.
• ICA arbitration, English law. Commodity dispute between a Thai party and a Pakistani party.
• SIAC arbitration, Singaporean law. International trade dispute between Thai parties.
• TAI arbitration, Thai law. Construction dispute between Thai parties.
• TAI arbitration, Thai law. Sale and purchase agreement disputes between Thai / foreign parties
   and Thai parties.


He has also acted as an expert witness on construction matters in arbitration proceedings in Singapore and is on the KLRCA Panel of adjudicators.

He is an accredited mediator with THAC and has been appointed to act as a mediator on two occasions.

He is a Fellow of the Royal Institution of Chartered Surveyors and the Chartered Institute of Building and is the past Chairman of RICS Thailand (1997 and 1998).

He is a regular speaker at arbitration events; presentations he has made include:

• Avoiding Litigation & Arbitration
• Arbitration in Thailand: A Viable Alternative to Litigation?
• Arbitration: Common Perceptions & Pitfalls
• Arbitration: How to Improve the Process
• Construction Claims Management under the FIDIC Conditions of Contract for Construction (First •
   Edition 1999)

• Introduction to Arbitration
• Awards and Costs in Arbitration
• Organising Arbitral Proceedings – Preliminary & Interlocutory Matters
• The Current Status of Arbitration in Thailand
• The Inflexibility of Arbitration in Thailand
• Arbitration in the Construction Industry in Thailand
• Preventing & Resolving Conflicts in the Construction Industry 
 

For more information or to appoint Victor Smith please contact the Registrar on +64 9 486 7153 or at registrar@nzdrc.co.nz

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