Nicole Smith | Barrister
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Nicole Smith (LLB (Hons), FCIArb)

Barrister specialising in
commercial litigation
and arbitration


Nicole Smith, Barrister
Ground Floor, 29 Grey Street,
PO Box 13165, Tauranga 3110,
NEW ZEALAND

Email: nicole@nicolesmith.co.nz
Mobile: +64 21 175 9014
Tel: +64 7 572 4211
Skype: nicole.smith1
Recent Cases

(Most of the arbitration matters that Nicole has worked on are confidential to the parties and therefore it is not possible to name the actual parties involved in the proceedings).

       Advising on a potential group claim by New Zealand diesel vehicle owners affected by the
       VW AG emissions cheating scandal.

       A successful group action on behalf of over 50 Bay of Plenty businesses against the owners
       and insurers of the MV Rena. Claims related to lost revenues due to the effects on fisheries,
       recreation and tourism.

       Acting for a Russian pharmaceutical company in ad hoc arbitration proceedings for breaches
       of an agreement to allow distribution of cold relief products.

       Acting for a Russian investor in LCIA arbitration proceedings relating to defaults under a
       Share Purchase Agreement.

        Acting for a European government defending enforcement proceedings before the English
       Courts and pursuing the setting aside of two ICC Awards before the Dutch Courts, in relation
       to a military sales dispute.

        Advising a Guatemalan honey exporter in a dispute with a UK-based importer about quality
       and delivery issues.

        Acting for a UK-based importer of gifts, in an arbitration with a UK purchaser of Christmas Gift
       Boxes.

        Acting for the owners of a large Russian oil refinery in disputes relating to the construction of
       a polypropylene plant by a US/BVI contractor.

        Advising the Financial Services Authority (London) in respect of claims against senior
       Investment Bank executives for failing to prevent fraudulent actions by traders (falsifying
       records and moving client funds between accounts in order to hide FX losses).

        Managing a team of lawyers and advisers and acting as advocate in ICC proceedings
       between a European government and a Middle Eastern government. The proceedings
       lasted 10 years and involved over 20 factual witnesses and a dozen expert witnesses.

        Advising a Middle Eastern government in claims against the incumbent mobile network
       operators (telecoms dispute). The claim involved two sets of ICC proceedings and ICSID
       proceedings.

        Acting for an international power company in expert determination proceedings following the
       termination of a long-term power sale agreement. Preparing the claim, giving strategic advice
       and representing the client at negotiations and at creditors' committee meetings.

        Acting for an Israeli entrepreneur in respect of disputes in England, Guernsey and Russia.
       The disputes related to various joint ventures established with Russian and US investors,
       following the collapse of the Soviet Union, with the aim of exploiting opportunities in the
       Russian telecommunications market.
ADVOCATE · ARBITRATOR · ADVISER

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