Charndell
Dispute management services


                                                                     4/F, Unit 1403, GP House, 
                                                                                      572 Soi Ladprao 112. Wangthonglang,
                                                                   Bangkok 10310, Thailand
                                                                        Phone: +66 (0) 81 833 8133
                                                                         E-mail:
vsneutral@gmail.com

 

      

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MANAGEMENT PROFILES

 

 

 

                                  Victor Smith
                                 
Chartered Arbitrator

                                     Nationality: British
                                 DoB: 4 December 1957
                                 Residence: Bangkok, Thailand
 


Victor is recognized as one of the leading arbitrators in Thailand. His current positions and qualifications include:

·      Fellow of the Chartered Institute of Arbitrators

·      Chair of ICC Thailand Commission on Arbitration & ADR

·      Member of the ICC Paris Commission on Arbitration and ADR

·      Chair of the Thailand Branch of the Chartered Institute of Arbitrators

·      Member of the Society of Construction Law (England)

 

·      LLM Degree in International Commercial Law (Distinction) - Northumbria University

·      Diploma in International Commercial Arbitration - The Chartered Institute of
      Arbitrators

·      Post Graduate Diploma in Arbitration - Reading Collage of Estate Management

·      BSc Degree in Quantity Surveying - Kingston Polytechnic

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 80 appointments to act as an arbitrator or represent parties in arbitration proceedings where the amount in dispute have range 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, AIAC (formerly KLRCA) and CIArb. He has conducted arbitration as a sole arbitrator under ICC, SIAC and TAI arbitration rules and as a panel member under ICC, SIAC, TAI and VIAC arbitration rules and for ad-hoc UNCITRAL arbitrations. He has conducted arbitrations under English, Indian, Malaysian, Nepalese, Singaporean, Thai and Vietnamese Law. Victor is on the panel of arbitrators with numerous arbitral institutions including AIAC, APRAG, CIArb, DIAC, HKIAC, ICDR, KCAB, PIAC, SCIA, SIAC, TAI, THAC and VIAC.

Arbitration and Dispute Resolution Experiance:

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

As an arbitrator (48 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 UNCITRAL arbitration, Malaysian law. Shipping dispute 
   between a Malaysian party and a Thai parties.

·      Panel member, TAI arbitration, Thai law. Property dispute between Thai parties.

·      Panel member, ICC arbitration, English law. Construction dispute between a Thai
   party and Thai Chinese party.

·      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 Australian party.

·      Panel member, TAI arbitration, Thai law. Construction dispute between Thai parties

·      Panel member, ad-hoc UNCITRAL arbitration, Nepalese law 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, 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 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.

·      Panel member, ad-hoc UNCITRAL arbitration, Thai law. Construction dispute
   between Thai parties.

·      Panel member, VIAC arbitration, Vietnamese law, loan dispute between Vietnamese
   parties.

·      Sole Arbitrator, ICC arbitration, Thai law. Commercial dispute between a Spanish
   party and a Thai party.

·      Sole Arbitrator, ICC arbitration (Expedited Procedure), Thai law. Distribution
   agreement dispute between a Singaporean party and a Thai party.
 

As a party representative / consultant (35 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 dispute 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 AIAC Panel of adjudicators. He is an accredited mediator with THAC. He has been appointed to act as an mediator on two occasions.

Former positions and qualifications:

·     Chair of ICC Thailand Commission on Arbitration & ADR (2004 to 2012)

·     Chairman of the Thailand Branch of the Royal Institution of Chartered Surveyors
  (1997 and 1998)

·     Lecturer at Thammasat University in Bangkok teaching Arbitration and ADR for the
  LLM Master of Laws course in Business Law (2010 to 2014)

 

·     Fellow of the Malaysian Institute of Arbitrators (2008 to 2019).

·     Fellow of the Singapore Institute of Arbitrators (2005 to 2019).

·     Fellow of the Hong Kong Institute of Arbitrators (2001 to 2019).

·     Fellow of the Australian Centre for International Commercial Arbitration (2010 to
  2015)
.

·     Fellow of the Association of Arbitrators (Southern Africa) (2011 to 2014).

·     Member of the London Court of International Arbitration (2003 to 2013).

 

·     Chartered Quantity Surveyor and Fellow of the Royal Institute of Chartered
  Surveyors  (1996 to 2019)
.

·     Chartered Construction Manager and Fellow of the Chartered Institute of Building
  (1999 to 2019)
.

 

Career Summary:

·     2000 to Present: Thailand - Chairman of Charndell Associates sitting as an
  arbitrator, representing parties in arbitration proceedings advising clients on
  arbitration and ADR procedures

·     1992 to 2000: Thailand - Senior Quantity Surveyor/Contract Administrator for
  Philipp Holzmann (Thai) Ltd. responsible for administration of major construction
  projects including preparation of contractual claims for a wide variety of projects
  including hospitals, hotels, high rise commercial buildings and condominiums.

·     1991: Thailand - Senior Quantity Surveyor/Contracts Administrator for Siam
  Syntech responsible for administration of high-rise commercial projects.

·     1991: Thailand - Construction and Claims Consultant for James R Knowles
  preparing claims for Thai and Japanese contractors.

·     1991: France - Quantity Surveying Consultant for Bovis on the Euro Disney Project
  located on the outskirts of Paris, France.

·     1990: Nigeria - Contracts Engineer for Impresit Bakolori responsible for the
  administration of infrastructure and engineering projects in northern Nigeria
  including dams, irrigation networks, water distribution systems and road projects.

·     1985 to 1989: Saudi Arabia - Contracts Engineer for FEAL IBS responsible for all
  quantity surveying duties on a 250 bed turnkey hospital project in Riyadh.

·     1983 to 1985: Saudi Arabia- Senior Quantity Surveyor responsible for
  administration of 1,200 villa turnkey housing project for the Saudi Arabian National
  Guard in Jeddah.

·     1981 to 1983: Saudi Arabia - Site Quantity Surveyor responsible for quantity
  surveying duties on a multi story headquarters building for the Department of
  Petroleum and Mineral Resources in Jeddah.

·     1979 to 1980: England - Trainee Quantity Surveyor during year out form university
  with E C Harris & Partners assisting in the preparation of Bills of Quantities and final
  accounts for local authority housing projects in Essex.

·     1975 to 1977: England - Trainee Quantity Surveyor with W C Inman & Partners
  assisting in preparation of Bills of Quantities for hospitals, clinics and housing
  projects in Essex.

 

   

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