Charndell
Dispute management services


                                                                         Charndell Associates Co., Ltd.
                                                                     4/F, Unit 1402, GP House, 
                                                                                      572 Soi Ladprao 112. Wangthonglang,
                                                                   Bangkok 10310, Thailand
                                                                         Phone: (66-2) 514-9170 to 1
                                                              Fax: (66-2) 514-9172
                                                                           E-mail:
vsmith@charndell.com

 

      

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MANAGEMENT PROFILES

 

 

 

                                  Victor Smith
                                 
Chartered Arbitrator

                                     Nationality: British
                                 DoB: 4 December 1957
                                 Residence: Bangkok
 


Victor is recognized 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 75 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, 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, VIAC and BOTT arbitration rules and for ad-hoc UNCITRAL 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 and the Chartered Institute of Arbitrators Thailand Branch. He is on the panel of arbitrators for numerous arbitral institutions including APRAG, BOTT, CIArb, DIAC, HKIAC, ICDR, KCAB, KLRCA,NZDRC, PIAC, SCIA, TAI, THAC and VIAC.

He is the current (from June 2017) Chair of the ICC Thailand Commission on Arbitration and ADR and is a Member of the ICC Paris Commission on Arbitration and ADR. 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 cases where he has conducted arbitrations as an arbitrator or as a party representative / consultant include:

As an arbitrator (43 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, BOTT arbitration, Thai law. Construction 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, 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, TAI arbitration, Thai law. Property dispute between 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.

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 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 KLRCA Panel of adjudicators.

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

His former positions and qualifications include:

·     Fellow of the Malaysian Institute of Arbitrators (2008 to 2018).

·     Fellow of the Singapore Institute of Arbitrators (2005 to 2018).

·     Fellow of the Hong Kong Institute of Arbitrators (2001 to 2018).

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

·     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 2018)
.

·     Chartered Construction Manager and Fellow of the Chartered Institute of Building
  (1999 to 2018)
.

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

He is a regular speaker at arbitration events; presentations he had 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

·     Organizing 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

 

   

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