Richard Smellie

BA (English and History), LLB
Barrister and Solicitor of the High Court of New Zealand

rsmellie@fenwickelliott.co.uk
 

Partner

Contract experience

Richard has considerable experience of a range of standard and bespoke project documentation, including standard forms used regularly in international construction, energy and infrastructure projects and bespoke forms tailored for particular ventures. Richard's experience lies firstly in relation to the project construction/infrastructure documentation (including bonds and warranties and the like), but extends beyond to various of the other legal arrangements which accompany any substantial project.

General experience

Richard is widely experienced in the resolution of disputes in the construction, energy and infrastructure sectors. In both the United Kingdom and internationally Richard has been involved in and successfully led the resolution of numerous substantial disputes. He regularly advises on the resolution of disputes through alternative means such as mediation and adjudication, and has experience of Dispute Review Boards. He has a wealth of experience in litigation (in both the UK and elsewhere) and arbitration (both in the UK and internationally) of sizable complex disputes where the sums in dispute run to many millions of USD/GPB. He has experience of many of the recognised sets of arbitration rules, including those of the ICC and ICSID. Richard is well used to working closely with the client and, where appropriate local counsel (lawyers) for the successful resolution of disputes. Richard has also acted for Governments in arbitrations, and since 2004 has advised on claims and disputes on the Baku-Tbilisi-Ceyhan Crude Oil Pipeline Project.

His experience includes such issues as prolongation, disruption and loss and expense, contract formation and determination or repudiation, defects claims, certification and payment issues, security documentation (bonds, warranties, standby letters of credit) and rights of subrogation, unjust enrichment and contract interpretation, among others.

Career

Born in New Zealand, Richard Smellie took his law degree at the University of Otago. He practised law for two years with one of New Zealand's largest law firms, Simpson Grierson, dealing with litigious matters before moving to the UK. He was admitted to the Bar in New Zealand as a Barrister and Solicitor in 1988 and was admitted to the Roll of Solicitors in England and Wales in 1991. He joined Fenwick Elliott in 1991 and became a partner in 1994.

Memberships

Richard is a member of the Society for Construction Law and the Dispute Resolution Board Foundation.

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