Richard Smellie

Richard Smellie
Richard Smellie
Partner
rsmellie [at] fenwickelliott [dot] com (Email Richard)

Richard is widely experienced in the resolution of disputes in the construction, energy and infrastructure sectors, both internationally and in the United Kingdom having successfully led the resolution of numerous substantial disputes. Richard comes recommended as “A key figure” within international arbitration/dispute resolution in the Legal 500 guide and Chambers & Partners UK edition describes Richard as “Everything you would need in a solicitor” whilst his clients praise him as being “dogged in achieving our aims”. According to The Who’s Who Legal Construction Guide Richard is “first class”.

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 other legal arrangements which accompany any substantial project. He is also experienced in oil and gas operations agreements, “take or pay” hydrocarbon sale and purchase agreements, and government/developer project agreements (including intergovernmental agreements, ‘host government’ agreements and related project documentation).

Richard has also conducted many adjudications in the UK, and litigated substantial construction disputes in the TCC, including successfully leading the legal team in the Great Eastern Hotel proceedings.

Specialist expertise
Richard has a wealth of experience in international arbitration, specialising in sizable, complex disputes in the oil and gas, power, and construction sectors where the sums in dispute run to many millions of USD/GPB. He has experience of many of the recognized 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. He also regularly advises on the resolution of disputes through alternative means such as mediation and adjudication, and has experience of Dispute Review Boards.

Examples of Richard’s expertise include:

  • Advising on claims and disputes on the construction of the Baku-Tbilisi-Ceyhan Crude Oil Pipeline Project, including assisting with the negotiation of claims for the close out of EPC contracts, leading a legal team responsible for successfully obtaining a settlement of several hundreds of millions of dollars in his clients favour, and arbitrating disputes of more than US$100m.
  • Advising on and leading a legal team responsible for the successful resolution of issues worth several billions of dollars to the operator of a substantial crude oil pipeline in the Caspian region, including conducting arbitration proceedings for disputes for several hundred millions of dollars.
  • Drafting and advising on the suite of project documentation for a US$8billion refinery in Northern India.
  • Advising on multi million dollar claims for Kazakhstan’s largest oil and gas contractor.
  • Advising a Government institution in the oil and gas sector in Turkmenistan on claims issues with Russian oil and gas corporations, and documentation for gas sale and purchase.
  • Drafting, advising upon and negotiating bespoke documentation for a substantial proposed European gas pipeline.
  • Drafting and advising upon contract documentation in the power sector for the procurement of works in the UK by a US corporate client.
  • Advising a Malaysian client on disputes of over US$100m arising out of the construction of a crude oil pipeline and related works in Northern Africa.
  • Advising on various multimillion dollar disputes in the power sector in Jordan, Kazakhstan, Pakistan and the UK.

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

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