Reggie Smith heads the firm’s Global Disputes practice, which coordinates the international arbitration, cross-border litigation and investigations, and contentious international trade practices for King & Spalding. Mr. 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 Arbitration and Cross-Border Litigation
Mr. Smith has extensive experience in representing clients in international commercial arbitration and cross-border litigation cases, as well as 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 counsel in international commercial arbitration disputes include:
* 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 a international oil trading firm; and
* 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.
Recent examples where Mr. Smith serves as counsel in international investment arbitration disputes include:
* 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 Energy Charter Treaty disputes (ICSID) with Spain, Italy, and Portugal over the wrongful withdrawal of renewable energy incentive programs;
* Representing Spanish companies in an investment dispute with Argentina over losses caused by Argentina’s refusal to comply with its commitment to purchase the Spanish companies’ shares in an Argentine energy company in the event of the nationalization of the energy company;
* Representing a Dutch investor in 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 investment dispute (ICSID) with Romania over the withdrawal of customs tax and other investment incentives upon accession to the European Union; and
* Representing an Italian investor in an international arbitration dispute (ICSID) with Egypt over the wrongful expropriation of the investor’s resort development property.
Mr. Smith has also represented claimants in seeking recognition and enforcement of international arbitration awards, as well as in seeking discovery in the U.S. courts in aid of international arbitration proceedings. Recent examples include:
* Representing a European resort developer 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;
* Representing an infrastructure construction company in seeking recognition and enforcement of an ICC Award against Equatorial Guinea in the courts of the United States;
* Representing a European energy company in obtaining the recognition and enforcement of an Award under the Energy Charter Treaty against Kazakhstan in the United States, the United Kingdom, and the Netherlands;
* Representing a European energy company in an action filed in the United States 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 United States District Court for the Southern District of Texas seeking discovery in aid of an LCIA arbitration under 28 U.S.C. § 1782; and
* Representing a European energy company in proceedings filed in the Texas state courts seeking pre-suit discovery relating, in part, to an LCIA arbitration.
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 U.S. commercial arbitrations.
Some 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 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;
* 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 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 heading the firm’s Global Disputes Practice, Mr. Smith also serves on the firm’s ten member management committee. He 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.
Mr.
