Victor Smith

(Victor)
Senior Arbitration Consultant - Bangkok
Victor's Philosophy

Victor is recognised as one of the leading arbitration practitioners in Thailand.

His scope of qualifications ranges from his Masters in International Commercial Law; Chartered Quantity Surveyor; Chartered Builder and being a Fellow of and on the Panels of Arbitrators for numerous arbitration institutions around the globe and in particular in Asia.

Victor’s experience and qualification, amounting to more than 70 appointments to act as an arbitrator or represent parties in arbitration disputes where the amounts in dispute range from US$0.5 million up to US$92 million means he is regularly approached and appointed to either advise upon or be an arbitrator or Chair of an arbitration tribunal. The subject matter of his appointments are as varied as his qualifications.

Victor is also a well known figure in the global arbitration community, and has devoted time to teaching others and developing their skills. Victor is a direct, thoughtful and analytical person with a clear concise and exceptionally well organised approach to his work.

Qualifications/Work-Experience

Varied Work Experience

Victor 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.

Throughout the course of any given year, you may find Victor advising international parties or Thai parties in proceedings in Thailand, or advising international parties in places further afield – Nepal, Vietnam, Hong Kong, or Singapore.

Broad Depth of Experience in Arbitration Matters

Victor 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.

Victor has accepted over 70 appointments to act as arbitrator or to represent parties.

Arbitration Institutes

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.

Victor is on the Panel of Arbitrators for a number of arbitral institutions including: APRAG; CIArb; DIAC; HKIAC; ICDR; KCAB; KLRCA; NZDRC; PIAC; SCIA; SIAC; TAI; THAC and VIAC.

Appointments Record (>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.

Speaker / Presenter at Arbitration Events

  • 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
Interests

Victor finds time for his passion – the ownership and use of motorbikes to tour including extensively across Thailand. Victor also cycles regularly.

Aside from that, Victor may be ski-ing or enjoying the finer things in Europe in any given year.

KnowledgeKnowledge
  • Arbitration
  • Dispute Resolution
  • Construction
  • Building
  • Quantity Surveying
Education

(LLM) – International Commercial Law (Distinction) – University of Northumbria

Post Graduate Diploma in Arbitration – Reading College of Estate Management

Diploma in International Commercial Arbitration – Chartered Institute of Arbitrators

BSc – Quantity Surveying – Kingston Polytechnic

Past Chair of the Commission on Arbitration for ICC Thailand – 2004 – 2012

Former Member of the London Court of International Arbitration – 2003 – 2013

Fellow of the Chartered Institute of Arbitrators – Thailand Branch

Lecturer – Arbitration and ADR – LLM Masters of Laws Course – Thammasat University – 2010 – 2014

Fellow of the Royal Institution of Chartered Surveyors

Fellow of the Chartered Institute of Building

Past Chairman of the Royal Institute of Chartered Surveyors Thailand 1997 – 1998

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