Geoffrey Smith

Overview

Geoffrey’s professional activity is centered on dispute avoidance and resolution in the field of international construction and engineering contracts, through the use of dispute boards, mediation/conciliation and arbitration. He is a chartered engineer, barrister, arbitrator, accredited FIDIC adjudicator and is accredited as a conciliator and mediator by ICE and CIArb. For 45 years, he has been closely involved in major projects throughout Europe, Africa, Middle East and Asia.

In summary, his DB and dispute resolution experience includes:

• Chairing standing and ad hoc DAB/DAABs for FIDIC and ENAA based contracts;
• Member of three person DAB/DAABs and sole adjudicator in relation to numerous disputes, (party nomination, sole nomination, nominated by FIDIC and the ICC);
• Advising contractors and government authorities in relation to DB and arbitral proceedings;
• Counsel or expert witness in numerous arbitrations arising from construction disputes;
• Lecturing around the world on the subject of DBs, adjudication, dispute resolution and contracts management (for Université Paris II Panthéon-Assas, University of Turin, FIDIC, DRBF, RICS, OECD, ILO, JICA, ADB and WB;
• FIDIC Certified Adjudicator (FIDIC President’s List of Approved Dispute Adjudicators);
• Past Director of Dispute Resolution Board Foundation Region 2;
• Mediator and conciliator of disputes under FIDIC Works Contracts and FIDIC Consultancy Agreements (nominated by FIDIC, EU and ADB);
• Advisor to WB and other International Financing Institutions with respect to Special Provisions for use with FIDIC Contracts;
• FIDIC accredited trainer from 2009 to 2023;
• Assessor of FIDIC Certified Adjudicators.

Country Experience

Algeria, Armenia, Bangladesh, Belgium, Benin, Bosnia-Herzegovina, Botswana, Burundi, Cambodia, Cameroon, China, France, Georgia, Germany, Ghana, Greece, Indonesia, Iraq, Kazakhstan, Kenya, Kuwait, Lesotho, Libya, Liberia, Lebanon, Malaysia, Malta, Montenegro, Mozambique, Netherlands, Nigeria, North Macedonia, Panama, Philippines, Qatar, Romania, Russia, Saudi Arabia, Senegal, Scotland, Sri Lanka, Taiwan, Tanzania, Thailand, Timor Leste, Togo, UAE (Abu Dhabi & Dubai), United Kingdom, Vietnam, Zambia.

Languages Spoken – English, French

Academic Qualifications

• DRB/DAB practices and procedures training and the advanced chairing workshop (Dispute Resolution Board Foundation 2005).
• Mediator (Chartered Institute of Arbitrators 2003)
• Conciliator (Institution of Civil Engineers 1997)
• Adjudicator (Institution of Civil Engineers 1996)
• Barrister – Bar Finals examination (Bar of England & Wales 1994)  
• LLDip – Post-graduate diploma in law (Wolverhampton University 1993)
• CDipAF – Post-graduate diploma in accounting and finance (ACCA 1981)
• BSc (Hons) – Upper 2nd Class Honours Degree in Civil Engineering (Loughborough University 1975). 

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Professional Qualifications

• Chartered Engineer (Engineering Council, UK, 1979)
• Fellow, Royal Institution of Civil Engineers (FICE 1995, MICE 1979).
• Fellow, Chartered Institute of Arbitrators (FCIArb 1999, MCIArb 1996).

Professional Memberships

• Member, Institution of Civil Engineers
• Member of Middle Temple, Inn of Court, Bar of England & Wales
• Member, International Chamber of Commerce (ICC).
• Member, Society of Construction Law (SCL).
• Member, Dispute Resolution Board Foundation (DRBF).
• Affiliate Member, FIDIC
• Affiliate Member, European International Contractors

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Official Positions

• FIDIC Accredited/Certified Trainer (2009 – 2023)
• FIDIC Certified Adjudicator (since 2012)
• FIDIC Certified Adjudicator Assessor (2019 – 2024)

Previous Professional Appointments

• Director, Dispute Resolution Board Foundation, Region 2, (2016 – 2019).
• Chairman, Bank Liaison Committee, Dispute Resolution Board Foundation (2012 – 2023).

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Panel Listings

• FIDIC certified adjudicator, on FIDIC President’s list of Approved Dispute Adjudicators (2012),
• FIDIC accredited / certified trainer (2009 – 2023).
• ICC – International Chamber of Commerce as mediator, DB member and arbitrator.
• DRBF – Dispute Resolution Board Foundation (2005).
• CIArb – Chartered Institute of Arbitrators (1999).

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Lecturing and Teaching

• LLM International Construction Contracts, University Paris II Pantheon-Assas (from 2015)
• Master in Public Procurement Management for Sustainable Development, University of Turin & International Training Center of the International Labor Office
• Contracts Management, International Training Center of the International Labor Office
• Advanced Contracts Management, Japan International Cooperation Agency (from 2022)
• Asian Development Bank – developed materials and trained ADB and borrowers’ staff (Headquarters, Central, South & SE Asia) on MDB Harmonised Edition of the FIDIC Red Book, the FIDIC Yellow & Gold Books, NCB Contract (PRC), FIDIC 2017, as well as good procurement practice under FIDIC contracts.
• FIDIC – developed and presented courses on Contracts, Claims Management, Dispute Boards & Contracts Administration on behalf of FIDIC in numerous countries in Asia, Middle East & Africa and by webinar.
• OECD/EU – Preparation of “Contracts” training module for countries aspiring to join the EU; critical review & contributor to “Contracts Performance” training module; preparation and presentation of “Contracts Management” training course; author of paper on the “Enforcement of Supply Contracts”.
• Dispute Resolution Board Foundation – Organiser/trainer for numerous training sessions and workshops on Dispute Board Practice and Chairing.
• Lead Examiner for the SYNTEC French List of FIDIC Adjudicators

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Project Experience

Experience as DB

• Sole Member/Member of standing Dispute Boards in relation to hydro-electric projects in West and Central Africa and SE Asia
• Sole Member/Member of standing/ad hoc Dispute Boards in relation to electricity distribution (substations & overhead power lines) in West Asia, West & Southern Africa
• Chair of 3 person standing Dispute Board for USD 450 million water storage project in Southern Africa
• Sole member DB for offshore windfarm assembly plant in France, FIDIC Yellow Book contract.
• Expert determination in relation to a dispute arising from Combined Cycle Power Plant in West Africa
• Member of a 5-person panel of Dispute Board Members for a nuclear power project in Western Europe
• Member of three standing Dispute Boards in relation to elevated railway in South-East Asia (total value approx. USD 1500 million)
• Sole Member/Member of standing/ad hoc Dispute Boards in relation to MRT and metro projects in Eastern Europe & South-East Asia
• Chair of a 3 person ad hoc Dispute Board for €860 million motorway project in South East Europe
• Chair of a 3 person standing Dispute Board for a bridge project in South Asia
• Sole member/member of standing/ad hoc Dispute Boards in relation to road and bridge projects in Francophone West Africa, Eastern Europe & South-East Asia
• Chair of a 3-person ad hoc Dispute Board under an EPC contract in relation to a large Middle Eastern oil refinery project
• Sole adjudicator in relation to a gas storage facility in Scotland.

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Experience As Arbitrator

• Member of ICC Arbitral Tribunal in relation to an Eastern European road project.
• Member of an ad hoc Arbitral Tribunal in relation to 230 km of motorway in Greece
• Member of an ICC Arbitral Tribunal in relation to marine works in East Africa.

Experience As Mediator

• Mediator appointed by European Union with respect to a dispute arising from refurbishment of a major hydro-electric installation in Southern Africa.
• Mediator appointed by Asian Development Bank with respect to an overall settlement of numerous claims post and pre-arbitration in relation to a South Asian road project.
• Mediator appointed by Asian Development Bank with respect to the disputed termination of three road projects in Central Asia.
• Mediator appointed by FIDIC with respect to a dispute arising under a consultancy agreement for a geothermal power plant.
• Mediator of a dispute between the main contractor and a subcontractor arising from a building project in SE Asia.

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Awards

• “Al Mathews Award for Dispute Board Excellence” received from the Dispute Resolution Board Foundation (2021)
• “Distinguished Service Award” received from the Dispute Resolution Board Foundation (2022)

Publications

• Smith, G “FIDIC 2017: The Contract Manager’s Handbook” ICE Publishing, 2024, ISBN 9780727766526
• Smith, G “The World Bank expands the role of the Dispute Avoidance/Adjudication Board” Construction Law International, International Bar Association, June 2021
• Smith G: Article on Dispute Boards in the magazine of French National Procurement organisation, June 2021
• Smith G and Perry J “FIDIC Contracts, 200 Frequently Asked Questions and Answers”, Bloomsbury India [2016], ISBN 978-92-925-7607-0
• Smith G and Perry J “The Evolution of Global Claims” – The International Construction Law Review, Informa Publishing, April 2005 Volume. 22, Part 2, April 2005, ISSN 0265 1416.