Reginald R. Smith (Reggie)

• International Commercial Arbitration Disputes
• Representing an oil and gas company in a commercial arbitration (ad hoc) with a sovereign over claims exceeding $1.5 billion relating to the alleged drainage of oil and gas resources.
• Representing two steel manufacturing and iron ore mining companies in a breach of contact arbitration (ICC) against Nigeria relating to the breach of concession and shareholder agreements relating to steel plants and an iron ore mine.
• Representing Dubai-based iron ore mining companies in a breach of contract arbitration (ad hoc) with a Middle Eastern state-owned mining company.
• Representing an independent oil and gas company in a commercial arbitration (ICC) with a state-owned oil and gas company over claims relating to a penalty provision contained in a Production Sharing Contract.
• Representing an independent oil and gas company in a Joint Operating Agreement dispute (ICC) regarding whether preference rights were observed in connection with a share sale.
• Representing a European oil and gas company in a commercial arbitration (LCIA) with the Kurdistan Regional Government over unitization rights under a Production Sharing Contract.
• Representing a European oil and gas company in multiple commercial arbitrations (ad hoc) with an international oil trading firm.
• Representing an international petrochemical company in a commercial arbitration (ad hoc) with joint venture partners over the dissolution of a limited liability corporation that operates a chemical manufacturing facility.
• International Investment Arbitration Disputes
• Representing a European oil and gas company in an Energy Charter Treaty dispute (Stockholm Chamber) with Kazakhstan over the wrongful expropriation and other improper interference with the investor’s oil and gas development rights and associated production assets.
• Representing a number of European renewable energy company investors in 16 Energy Charter Treaty cases (ICSID) with Spain, Italy, Romania, and Bulgaria, over the wrongful withdrawal of renewable energy incentive programs.
• Representing a Kuwaiti investor group in an investment dispute with Egypt over wrongful interference with a real estate development project.
• Representing English and Irish investors in an investment dispute with the Czech Republic (UNCITRAL) over the government’s role in facilitating an illegal “tunneling” of the investors’ investments in an aerospace and telecommunications business by local fraudsters.
• Representing Italian investors in an international arbitration dispute (ICSID) with North Macedonia over the illegal expropriation of a waste management concession.
• Representing a group of English investors in an investment dispute (ICSID) with Azerbaijan over the government’s expropriation and other unlawful interference with the investors’ commercial real estate holdings in Baku.
• Representing a Dutch investor in an international arbitration dispute (UNCITRAL) with Vietnam over the wrongful expropriation of investments in real estate and business enterprises.
• Representing a Swedish investor in a large food and beverage manufacturing company in an investment dispute (ICSID) with Romania over the withdrawal of customs tax and other investment incentives upon accession to the European Union.
• Representing an Italian investor in an international arbitration dispute (ICSID) with Egypt over the wrongful expropriation of the investor’s resort development property.

U.S. Litigation Relating to International Arbitration

• Representing a Canadian mining company in seeking multi-jurisdictional recognition and enforcement of an ICSID award in excess of $1.2 billion against Venezuela.
• Representing a European resort developer in obtaining the recognition and enforcement of an ICSID award against Egypt in the courts of the U.S., the UK, 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.
• Representing an infrastructure construction company in seeking recognition and enforcement of an ICC award against Equatorial Guinea in the courts of the U.S.
• Representing a European energy company in obtaining the recognition and enforcement of an award under the Energy Charter Treaty against Kazakhstan in the U.S. and the UK.
• Representing a European energy company in an action filed in the U.S. District Court for the District of Delaware seeking discovery in aid of an LCIA arbitration under 28 U.S.C. § 1782.
• Representing a major energy company in defending an action filed in the U.S. District Court for the Southern District of Texas seeking discovery in aid of an LCIA arbitration under 28 U.S.C. § 1782.
• Representing a European energy company in proceedings filed in the Texas state courts seeking pre-suit discovery relating, in part, to an LCIA arbitration.

U.S. Litigation

• Representing three of the world’s largest manufacturing companies in an antitrust and RICO multi-district litigation proceeding against a Japanese trading company and other defendants relating to manipulation of the world's copper market.
• Representing Spanish companies and a New York-based hedge fund in litigation in the Southern District of New York against Argentina for the breach of the mandatory tender offer provisions in the corporate by-laws of YPF when the government nationalized YPF in 2012.
• Representing a major energy company shareholder in a joint venture pipeline company in a shareholder derivative suit against the majority shareholder and operator of the pipeline company for breach of fiduciary duty and self-dealing.
• 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.

Reggie Smith's practice focus is international arbitration and cross-border litigation, with a particular specialty in handling commercial disputes in the energy sector as well as representing investors in disputes with sovereigns that have taken actions to either destroy or impair investments through conduct ranging from outright expropriations to the revocation or modification of investment incentive programs.

Relying on years of experience in representing companies and individuals in significant business litigation disputes in U.S. courts, Reggie brings advocacy skills to his international arbitration and cross-border litigation practice that have yielded some of the largest investment arbitration awards and court judgments on record. For example, Reggie served as co-lead counsel in a suit against Argentina in federal court in New York that resulted in the largest judgment ever rendered against a sovereign by a U.S. court. As lead counsel in an arbitration for a European oil and gas company against the Government of Kazakhstan, Reggie secured the largest award on record at the time under the Energy Charter Treaty. Reggie similarly took the lead in representing an investor against the Government of Egypt relating to the expropriation of a real estate project that resulted in the largest award on record for an individual claimant. Reggie also served as lead counsel in obtaining the largest moral damages award on record for an investor in an investment dispute against Vietnam. Reggie has prosecuted over 40 cases for investors against sovereigns under bilateral and multilateral investment treaties.

Using experience developed as a seasoned oil and gas litigator in the U.S. courts, Reggie also has deep expertise in representing energy companies in international and domestic commercial arbitration disputes. Whether the disputes involve the oil and gas sector or renewable energy projects, Reggie has taken the lead in representing some of the world's largest energy companies in high-stakes arbitrations.

While clients routinely entrust Reggie to serve as their advocate in high stakes arbitrations and litigations, they also look to him as a trusted strategic advisor in helping them manage their disputes to reach a commercial solution that serves their long-term best interests. Reggie well understands that clients are not in the business of litigating their disputes, and litigation is simply a tool to be used in reaching a commercial resolution that furthers the client’s business goals.