About Me

I represent clients engaged in complex project disputes, with a focus on international arbitration in the energy and infrastructure sectors. I am presently based in Sydney, but have spent more than half of my career working overseas to support international clients with the delivery of major projects.

My practice centres around assisting companies with the resolution of complex disputes that arise during the procurement or creation of major capital assets. With a passion for both the built and natural environments, I leverage my background in architecture and project management to help clients avoid and resolve disputes.
I have worked on major projects across various sectors, including transport, property, tourism, energy, mining, defence, healthcare, IT, and telecommunications. My experience spans multiple jurisdictions, including Australia, the UK, Europe, Africa, the Caribbean, and the Middle East (including the UAE, Bahrain, Iraq, Jordan, Kuwait, Oman, Saudi Arabia and Syria).
I specialise in arbitration, litigation, expert determination, adjudication, and alternative dispute resolution, both domestically and internationally. I am acutely aware of the commercial pressures facing companies in dispute, and at the outset will advise clients on the formulation of appropriate strategies to implement to achieve their commercial objectives, as efficiently as possible, when things start to become contentious.
I also provide project counsel services to minimise disputes during project execution and assist in restructuring distressed projects. Qualified to practice law in the UK and Australia, I have Part II rights of audience in the DIFC Courts and sit as an arbitrator. I chair ACICA's Practice & Procedures Board, promoting international best practices in arbitration.
I am an active participant in pro bono schemes, and recently represented a client in a contentious strata scheme matter, including undertaking all the advocacy at the hearing.
"Bill Smith is creative, collaborative and a pair of safe-hands - the full package", Client Quote, Legal500 (Dispute resolution: arbitration)
Experience
  • Sitting as Chairman of two DIAC tribunals presiding over disputes concerning the sale and purchase of significant plots in a master development, with the amounts in dispute exceeding AED 1 billion.
  • Sitting as party-appointed arbitrator in DIAC proceedings concerning the construction of a school in Dubai.
  • Sitting as party-appointed arbitrator in ad-hoc arbitral proceedings seated in Muscat, Oman concerning the construction of a major wastewater project.
  • Representing the Jordanian developer of a gas fired power station in Iraq (Kurdistan) in ICC arbitration seated in London, against the Indian EPC contractor, and co-ordinating parallel proceedings in the Indian Courts concerning a call on the contractor's performance bond. Developing and directing the client's enforcement strategy in multiple jurisdictions following delivery of the arbitral award.
  • Advising an Australian state-owned rail company on the implementation of its flagship PPP project, including representing the client in expert determination proceedings, and advising on the resolution of contractor claims under a range of package contracts and the headline PPP contract.
  • Advising a major Australian hospitality company in respect of disputes arising out of the design and construction of a landmark development in Sydney, including advising on claims against its contractor, subcontractors, designers and insurer.
  • Advising a publicly listed US IT company on all aspects of a major IT system implementation forming part of a transport mega project in Oman including providing legal support in the administration of significant time and money claims during project execution, and representing the client in three DAB proceedings under the FIDIC contract.
Education

Studied

  • 1989 - University of Adelaide, Degree of Bachelor of Architectural Studies
  • 1992 - University of Adelaide, Honours Degree of Bachelor of Architecture
  • 1995 - University of Adelaide, Bachelor of Laws with Honours, Stow Prize in Law

Admissions

  • 2022 Panel arbitrator, Hong Kong International Arbitration Centre
  • 2022 Panel arbitrator, Korean Commercial Arbitration Board
  • 2020 Fellow, and panel arbitrator Australian Centre for International Commercial Arbitration
  • 2019 Panel arbitrator, Dubai International Arbitration Centre
  • 2014 Part II Rights of Appearance, DIFC Courts
  • 2012 Legal Consultant, Legal Affairs Department, Dubai, UAE
  • 2010 Graded arbitrator, Institute of Arbitrators and Mediators Australia
  • 2006 Professional Certificate in Arbitration (University of Adelaide)
  • 2005 Associate of the Institute of Arbitrators and Mediators Australia
  • 2002 Admitted to practice as a Solicitor of the Supreme Court of England and Wales
  • 1999 Expert Determination Workshop, Institute of Arbitrators and Mediators Australia
  • 1998 Non-chartered Architect, Board of Architects New South Wales (lapsed)
  • 1996 Accredited mediator LEADR, Admitted to practice as a Solicitor of the High Court of Australia, Admitted to practice as a Legal Practitioner of the Supreme Court of New South Wales, Admitted to practice as a Barrister and Solicitor of the Supreme Court of Victoria
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