Commercial International

Murray Smith LLM

Chartered Arbitrator

Telephone: 604-***-**** Suite 105 1008 Beach Avenue

Facsimile: 604-***-**** Vancouver, British Columbia

Cell phone: 604-***-**** V6E 1T7

abqddm@r.postjobfree.com Canada

Practice Description

Mr. Smith has conducted numerous international and domestic commercial arbitrations as panel chairman, party appointed

arbitrator or as sole arbitrator. He collaborated with Martin Hunter and Alan Redfern in writing the second edition of the

leading text Law and Practice of International Commercial Arbitration and is a frequent lecturer on the subject of

international arbitration practice. Mr. Smith is also an English Barrister. As an arbitrator in complex commercial cases, Mr.

Smith recognizes the fundamental importance of due process and equal treatment of the parties while maintaining rigorous

procedural oversight.

Currently practising out of offices in Vancouver, British Columbia, his practice includes domestic as well as international

commercial arbitration cases. He has acted as arbitrator in international commercial arbitrations under AAA (ICDR), ICC,

BCICAC ADR Institute and UNCITRAL Rules.

Mr. Smith s arbitration work has involved him in 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.

Professional Standing

Called to the Bar of England and Wales, 1990

Called to the Bar of Yukon Territory, 1985

Called to the Bar of British Columbia, 1977

Education

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

Graduate studies in International Law of Natural Resources, International Economic Law, International

Business Transactions and International Commercial Arbitration Law

Awarded a mark of Distinction in all courses and the Schwarzenberger Prize in International Law

Offices

Smith Barristers, Vancouver, British Columbia

Essex Court Chambers, London Door Tenant, 1999 2011

Positions

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 and the Board of the Canadian Arbitration Congress;

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named as a pre-eminent practitioner in the Guide to the World s Leading Experts in Commercial Arbitration (7 th Ed.);

listed in the Guide to the World's Leading Experts in Commercial Arbitration by ExpertGuides.com; Royal Roads

University Advisory Board and the Discipline Committee of the Law Society of Yukon.

Guest lecturer at the School of International Arbitration and the Inns of Court School of Law, London; 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 and the Panel of International

Commercial Arbitrators of the ICC National Committee of the Canadian Chamber of Commerce.

Chairman, Yukon Economic Council, 1986 1988

Publications

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).

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.

Arbitrations pre 2012

Chairman in three arbitration proceedings under UNCITRAL Model Law and UNCITRAL Rules involving disputes over

distribution of oil field production profits.

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 associated with internet gaming.

Member of three person tribunal of the International Centre for Dispute Resolution (ICDR) involving an arbitration

between Canadian and U.S. corporations in respect of an alleged breach of agreement of purchase of 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 a Canadian subsidiary of an international

corporation and a U. S. party relating to alleged breach of a contract related to computer software use and licensing.

Member of a three person panel in proceedings in New York City under ICC Rules involving a dispute between North

American and Japanese manufacturers related to intellectual property and technology transfer agreements involving

electronic components in the automobile parts industry.

Appointed by the Permanent Court of Arbitration to a three member panel in proceedings in Los Angeles, California

between a California internet service provider and a Turkish telecommunications entity involving agency agreements and

issues of government regulation.

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 a dispute relating to delivery of internet services to northern Canada.

Sole arbitrator in a dispute over rate adjustments and transportation contracts.

Sole arbitrator in numerous commercial arbitration proceedings, both domestic and international, involving shipping, rail

transportation, franchise agreements, sales agreements, commercial tenancy contracts and general commercial matters.

Counsel in arbitral proceedings involving construction law disputes addressing contract terms, delay claims, deficiency

claims and claims for extras in high rise developments.

Counsel in international arbitration proceedings involving gas supply contracts for power generation facilities and in

numerous appeals from arbitration awards.

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2012 Arbitrations

Chairman of two UNCITRAL arbitration panels in disputes involving requirements under agreements relating to oil field

rights

Chairman of a three-person panel under Bermuda Law and UNCITRAL Rules in contract dispute relating to satellite

telecommunications

Chairman of a three-person panel under ADR Institute Rules in a contract dispute involving transportation and storage of

petroleum products

Chairman of a three-person panel in a dispute involving insurance coverage issues

Sole arbitrator under UNCITRAL Rules in a contract dispute involving mining concessions in the Democratic Republic

of Congo

Chairman of a three-person panel under ICDR Rules in a commercial dispute relating to a contract for ship repair

Sole arbitrator in an 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.

Royal Commissions

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.

Continuing Legal Education

Course Director for Fellowship qualification with the Chartered Institute of Arbitrators in numerous programs across

North America since 1985 including New York, Palo Alto, Boston, New Orleans, Portland, San Antonio, Chicago, Santa

Fe, Atlanta, Las Vegas, Victoria, Vancouver, Montreal and Kingston, Jamaica.

Presentations in 2011 to the Houston International Arbitration Club on issues involving self represented parties in

arbitration, to the Los Angeles Bar Association on arbitrator conflict of interest rules in California and to the Western

Canadian Arbitrators Roundtable on arbitrator duties of impartiality and independence.

Tutor and panellist with training programs for Continuing Legal Education in British Columbia and with CPR, New

York. Presentation on use of witness statements in arbitration to British Columbia Continuing Legal Education

symposium March 1, 2012.

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