Tom is a commercial lawyer and an experienced trial advocate. He specialises in civil fraud, insurance and reinsurance and international commercial litigation and arbitration. He also has considerable experience of professional negligence and construction disputes.
Much of Tom's work has an international dimension. He has particular expertise in the Middle East, where he has provided regular advice to the Registrar of the Court of the Dubai International Financial Centre ("DIFC"). Tom collaborated with Michael Black QC in drafting the Rules of the DIFC Court and was the sole draftsman of the rules of the Dubai World Tribunal, established to deal with the financial difficulties faced by the Dubai World companies. He worked with Judges of the DIFC Court to develop the small claims tribunal, which has been described in the Dubai press as "one of the stand-out features at the DIFC Courts". Tom has been involved in some of the leading cases on the jurisdiction of the DIFC Courts. Recent instructions include Taaleem PJSC v National Bonds Corporation (2010 - ongoing) (with Vernon Flynn QC) a US$65m dispute before the DIFC Court concerning a property transaction, involving allegations of breach of trust, and Corinth Pipeworks v Barclays Bank plc (2010 - ongoing) (with Michael Black QC), a US$26m dispute involving allegations of fraud and conspiracy. Tom is also instructed in a number of claims before the Dubai World Tribunal.
Tom also has experience of litigation in the BVI. Instructions include Kensington International v Montrow International (2008) (with Michael Black QC), a US$100m sovereign debt dispute involving allegations of sham corporate personality and POAH v MIO (2010), a shareholders' dispute relating to the ownership of a telecommunications company.
Current arbitration instructions include (as sole counsel) a US$40m telecommunications arbitration under UNICTRAL Rules, (as sole counsel) a AED 65m dispute relating to a high profile construction project in Dubai and (with Michael Black QC) a AED 1bn dispute relating to property in Dubai. In 2009, Tom acted (with Martin Mann QC) for the operator of a jack-up oil rig in a US$30m LCIA arbitration. The dispute spanned several jurisdictions including England, Cyprus, Cameroon, Panama, the UAE, New York and Texas.
Tom Montagu Smith
Call 2001
tms@xxiv.co.uk
Clerks 020 7691 2424
Professional memberships
Bar of the Dubai International Financial Centre
Academic history
- 2001 BVC Prize, Lincoln's Inn (2nd in year)
- 2000 Hardewicke Scholarship, Lincoln's Inn
- 2000 PgDL, College of Law: Distinction (top 5 in year)
- 1999 BA in Politics, Philosophy and Economics
- 1998 Exhibition scholarship to Lincoln College, Oxford
Languages
French
Business details
VAT number: 798942645
Registered name: Thomas Montagu Smith
