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 proceedings under the ICSID Convention, the ICC Rules, the UN Convention on the Law of the Sea and cases before the International Court of Justice.  More ยป

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

Investor-State Dispute Settlement 

  • Represents of a state-owned entity in an ICC arbitration against an investor regarding a contract concerning a solar power project.  
  • Represents of a state-owned entity in an international arbitration case against an energy company before ICSID arising from a contract concerning an electric power generation project. 
  • 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 

Foreign Sovereign States in United States Courts

  • Represents the Kingdom of Spain in opposition to the requests for recognition and enforcement of the Award rendered in the arbitration procedure presented by Foresight et al before the Supreme Court of New York.
  • Represents the Kingdom of Spain in opposition to the requests for recognition and enforcement of the Award rendered in the arbitration procedure presented by Masdar Solar & Wind Cooperatief before the Federal Court of the District of Columbia.
  • Represents the Kingdom of Spain in opposition to the requests for recognition and enforcement of the Award rendered in the arbitration procedure presented by Antin Infrastructure Services Luxembourg S.àr.r.l. and Antin Energia Termosolar B.V. before the Federal Court of the District of Columbia.Represents the Kingdom of Spain in opposition to the requests for recognition and enforcement of the Award, opinion in the arbitration procedure before the Stockholm Chamber of Commerce, the publication of Novenergia II- Energy and Environment (SCA), before the Court of District of the United States for the District of Columbia.

State-to-State dispute settlement, land and maritime boundaries and public international law 

  • The Swiss Confederation v. Federal Republic of Nigeria (Case No. 27). Represents of the Federal Republic of Nigeria in the proceedings commenced by Switzerland before the International Tribunal for the Law of the Sea (ITLOS) seeking provisional measures during the interval before the formation of an arbitral tribunal under Annex VII of the UN Convention on the Law of the Sea (UNCLOS)
  • 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 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.

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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  • District of Columbia