Reginald R Smith (Reggie)

Reggie Smith is a partner in King & Spalding’s Houston office. His litigation experience involves a diverse range of international arbitration and complex business disputes.

International Investment Arbitration

Mr. Smith has extensive experience in representing investors in disputes with foreign governments over illegal expropriations and other improper interference with investor rights under bilateral and multilateral investment treaties. Recent examples where Mr. Smith serves as lead counsel in international investment arbitration disputes include:

• Representing a United Arab Emirates investor in an international arbitration dispute (ICSID) with Egypt over the wrongful expropriation of the investor’s commercial development property;
  
  
• Representing an Italian investor in an international arbitration dispute (ICSID) with Egypt over the wrongful expropriation of the investor’s resort development property;
  
  
• Representing a Moldovan investor in an Energy Charter Treaty dispute (Stockholm Chamber) with Kazakhstan over the wrongful expropriation of the investor’s oil and gas development rights and associated production assets;
  
  
• Representing a Dutch investor in the successful settlement of an international arbitration dispute (UNCITRAL) with Vietnam over the wrongful expropriation of investments in real estate and business enterprises; and
  
  
• Representing a Swedish investor in a large food and beverage manufacturing company in an international arbitration dispute (ICSID) with Romania over the withdrawal of customs tax and other investment incentives upon accession to the European Union.

Mr. Smith has also represented claimants in seeking the recognition and enforcement of international arbitration awards, as well as advising clients regarding potential pre-award and post-award attachment rights in multiple jurisdictions.  Recent examples include:

• Representing a claimant in obtaining the recognition and enforcement of an ICSID Award against Egypt in the courts of the United States, the United Kingdom, France, and Switzerland.  Activities included obtaining court recognition of the Award in multiple jurisdictions, and overseeing subsequent attachment actions against Egyptian assets in different countries, leading to an ultimate settlement; and
  
  
• Advising a claimant in an Energy Charter Treaty dispute on pre-award and post-award attachment rights against the respondent government in the United States, the United Kingdom, and the Netherlands.

Business Litigation and Commercial Arbitration

Mr. Smith also has extensive experience representing parties in business disputes, including contract, antitrust, and fraud actions. He has substantial experience in defending energy companies in governmental and private royalty actions, as well as in qui tam actions and investigations relating to product supply and pricing. 

Mr. Smith has served as lead counsel for a number of Fortune100 companies in business disputes in federal and state courts across the country, as well as in commercial arbitrations administered by the International Chamber of Commerce, the London Court of International Arbitration, and the American Arbitration Association, as well as ad hoc arbitrations governed by the rules of various national and international arbitration organizations.

Some recent examples of cases in which Mr. Smith has served as lead counsel include:

• Representing three of the world’s largest manufacturing companies in an antitrust and RICO multidistrict litigation proceeding against a Japanese trading company and other defendants relating to manipulation of the world copper market;
  
  
• Representing one of the world’s largest retailers in a multimillion dollar antitrust suit against credit and debit card companies for price fixing and improperly tying their credit and debit card products;
  
  
• Representing a major energy company in federal and state investigations relating to refining capacity and gasoline pricing;
  
  
• Representing a major energy company in disputes relating to the payment of royalties on oil and gas production;
  
  
• Representing a major energy company in a qui tam actions relating to royalty payments on oil and gas production on Federal leases;
  
  
• Representing a major energy company in an injunction suit relating to a wind energy development project;
  
  
• Representing a major energy company in a lease interpretation dispute affecting oil and gas development rights in the Hayneville Shale;
  
  
• Representing a major energy company in a dispute with another energy company relating to joint oil and gas development rights in the Haynesville Shale;
  
  
• Representing a major energy company in a purported class action relating to retail gasoline pricing;
  
  
• Representing a major energy company in various disputes regarding its licensed gasification technology;
  
  
• Representing a major chemical company in various commercial disputes with other members of a limited liability company in which it is a member;
  
  
• Representing the principal investor in an Australian manufacturing company in a natural gas supply dispute with a major energy company;
  
  
• Representing an international financial institution in a lender liability dispute with a real estate developer over a metropolitan office tower development project;
  
  
• Representing a group of investors in a multi-million dollar fraud and breach of fiduciary duty dispute over the proceeds associated with technology licensing; and
  
  
• Representing a major pharmacy benefits management company in a fraud and breach of contract suit brought by participating benefits plans.

In addition to chairing the firm’s international strategy committee, Mr. Smith is also involved in a number of civic and charitable activities in Houston, including his service on the Board of Trustees of the Contemporary Arts Museum Houston and on the Advisory Board of the Glassell School of Art.  Additionally, Mr. Smith  serves as a member of the Board of Visitors of the University of Georgia School of Law.