Derek C. Smith, Ph.D.

Partner - Washington, D.C.

Derek Smith
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Contact Information

202.261.7330

202.785.6687

dcsmith@foleyhoag.com Download vCard

Dr. Derek Smith practices in the areas of international dispute resolution, international boundaries, public international law and petroleum law. He represents governments and state entities in international arbitration and litigation, including cases before the International Court of Justice and proceedings under the UN Convention on the Law of the Sea, the ICSID Convention, and the ICC Rules.

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Education:

  • University of Seville, Ph.D., magna cum laude, 1998
  • University of Virginia School of Law, J.D., Order of the Coif, 1988
  • University of Virginia, B.A., 1984

Languages:

Spanish, French

Representative Experience

State-to-State Dispute Settlement, Land and Maritime Boundaries and Public International Law

  • Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria: Equatorial Guinea intervening): Represented Equatorial Guinea in its intervention before the International Court of Justice
  • Aerial Herbicide Spraying (Ecuador v. Colombia): Represented Ecuador before the International Court of Justice
  • Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d'Ivoire in the Atlantic Ocean (Ghana/Côte d'Ivoire):  Advise regarding maritime boundary dispute with Côte d'Ivoire
  • Advised Saudi Arabia in a range of international boundary and public international law matters
  • Advised Spain on a confidential matter in public international law
  • Advised Mexico in negotiations with the United States regarding a treaty concerning transboundary oil and gas deposits
  • Advised Equatorial Guinea in the negotiation of a maritime boundary treaty with Nigeria and the subsequent unitization of a transboundary oil field
  • Advised Equatorial Guinea in the negotiation of a maritime boundary treaty with São Tomé and Príncipe
  • Advised Equatorial Guinea in a United Nations-sponsored mediation of a dispute involving island sovereignty, land and maritime boundaries and joint development of oil and gas resources.

Investor-State Dispute Settlement

  • Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration & Production Company Limited ("Bapex") and Bangladesh Oil Gas & Mineral Corporation ("Petrobangla") (ICSID Case Nos. ARB/10/11 and ARB/10/18): Represents Bangladesh against a foreign oil and gas company in two ICSID arbitrations regarding contracts for the development of natural gas deposits
  • Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12): Represents El Salvador against a foreign mining company in an arbitration regarding a gold mining concession
  • Enel Green Power S.p.A. v. Republic of El Salvador (ICSID Case No. ARB/13/18): Represented El Salvador against a foreign power company in an ICSID Arbitration related to a concession for the development of geothermal power
  • Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. Republic of El Salvador (ICSID Case No. ARB/09/17): Represented El Salvador against a foreign mining company in an arbitration regarding a gold mining concession
  • Rusoro Mining Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/12/5): Represents Venezuela against a foreign mining company in an arbitration under the Additional Facility Rules concerning a gold mining concession
  • Ron Fuchs v. Georgia (ICSID Case No. ARB/07/15): Represented Georgia in annulment and revision proceedings in an arbitration regarding an oil and gas pipeline project
  • Ioannis Kardassopoulos v. Georgia (ICSID Case No. ARB/05/18): Represented Georgia in annulment and revision proceedings in an arbitration regarding an oil and gas pipeline project

Oil and Gas Transactions and Legislation

  • Advised Equatorial Guinea and its national oil and gas companies in a broad range of oil and gas transactions and dispute resolution matters related to oil and gas contracts and concessions involving major international oil companies
  • Advised the Dominican Republic on drafting oil and gas laws regulation and model contracts
  • Advised Equatorial Guinea in the drafting of a new hydrocarbons law and model production sharing contract
  • Advised São Tomé and Príncipe in the drafting of a new hydrocarbons law and model production sharing contract
  • "International Law of the Sea and Energy," Oil, Gas & Energy Law Intelligence (September 2018)
  • "The Treaty on Certain Maritime Arrangements in the Timor Sea (Australia-East Timor)," report published in volume VI of the International Maritime Boundaries series (2011)
  • "The Protocol of Agreement Dated 10 September 2001 Approving Offshore Unitization Prospects 14K and A-IMI (Angola-Republic of Congo)," report published in volume VI of the International Maritime Boundaries series (2011)
  • "How to Deal with Maritime Boundary Uncertainty in Oil and Gas Exploration and Production Areas," paper prepared for the Association of International Petroleum Negotiators (May 2007)
  • Petroleum Utilization Agreements: Report Number 4-9(2) Equatorial Guinea-Nigeria; Report Number 6-20(3) Australia-East Timor; Report Number 9-15(2-4) Norway-United Kingdom, V International Maritime Boundaries 3199 (David A. Colson & Robert W. Smith eds. 2005)
  • "Beyond Indeterminacy and Self-Contradiction in Law: Transnational Abductions and Treaty Interpretation in U.S. v. Alvarez-Machain," European Journal of International Law (1995)

Involvement

  • Member of the American Society of International Law 
  • Member of the Association of International Petroleum Negotiators 
  • Member of the International Bar Association
  • International Boundaries Research Unit (IBRU) at Durham University (UK): lectures regularly (since 2005) at IBRU conferences and workshops on boundary delimitation
  • The International Maritime Law Institute of the International Maritime Organization at the University of Malta: lectures annually (since 2014) on maritime boundary delimitation for the Masters in International Maritime Law
  • Dispute Resolution in the International Oil & Gas Business Conference: lectures annually (since 2006) on boundary disputes resolution at a conference sponsored by the Association of International Petroleum Negotiators (AIPN) and a partner organization at different locations around the world, including Dubai, Paris and Houston
  • Common Market for Eastern and Southern Africa (COMESA) & International Institute for Sustainable Development (IISD): lectured at the Workshop on International Investment Treaties and Dispute Settlement, Lusaka, Zambia, March 2013
  • United Nations Conference on Trade and Development: lectured on maritime boundary delimitation at 12th African Oil, Gas and Minerals, Trade and Finance Conference, Malabo, Equatorial Guinea, November 2008
  • The Catholic University of Peru: lectured at the VII International Congress of Arbitration, September 2013
  • Inter-American Bar Association: panelist at conference on Environmental Issues in Investor-State Dispute Settlement, October 2015
  • Lectured frequently at oil gas conferences sponsored by Platt's, IQPC and Global Pacific Partners
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Bar Admissions

  • District of Columbia