Fenwick Elliott LLP

Richard Smellie

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Practice Areas

Richard is widely experienced in the resolution of disputes in the construction, oil and gas and infrastructure sectors, both internationally and in the UK. He has specialised in this area of law for over 20 years and his practice specialises in high value, complex, heavy weight disputes in the construction, power and oil and gas sectors. He has successfully led the resolution of numerous substantial and complex disputes in these fields, where the sums in dispute have run to hundreds of millions of GBP/USD. In the United Kingdom, Richard is experienced in resolving disputes through mediation, adjudication, arbitration and through the courts (in particular the TCC). Internationally Richard has a wealth of experience in international arbitration, including arbitrations conducted under the ICC, LCIA, SCC, UIAC and ICSID rules. He is also experienced in the resolution of disputes before Dispute Adjudication Boards (DAB’s), Dispute Review Boards (DRB’s) and through mediation. He has worked extensively for clients in many different jurisdictions, including the United Kingdom, Turkey, the UAE, Qatar, Kazakhstan, Malaysia, Ethiopia, Sudan, Libya, Turkmenistan, India, Pakistan, Vietnam and New Zealand. Richard has considerable experience of a wide range of project documentation, including both standard and bespoke forms and complex turnkey/design and build documentation with layered EPC arrangements, contracts for the operation and maintenance of facilities, and complex UK based PFI arrangements and innovative alliance agreements. Richard has often advised on the drafting of contract documentation, both from inception and for the purposes of contract amendment. He also has experience of 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.

Professional Memberships

Society for Construction Law, Dispute Resolution Board Foundation, accredited adjudicator.

Career

Trained Simpson Grierson, New Zealand; qualified 1988; admitted as a solicitor in England and Wales 1991; joined Fenwick Elliott 1991 becoming a partner in 1994.

Personal

Married with one son. Enjoys boating (sail and power), gardening and music.