Profession

Barrister

Biography

Tom is a commercial barrister practicing in arbitration and litigation. His work includes civil fraud, insurance and reinsurance and disputes arising out of construction projects. Most of his work has an international dimension. He has particular experience in the DIFC Courts, where he drafted the Rules of Court and has been involved in many leading cases including those on jurisdiction and the enforcement of foreign judgments and arbitral awards.

Recent cases include:
- Honeywell v Meydan [2014] 2 Lloyd’s Rep 133 [arbitration enforcement; public policy]
- Taaleem v National Bonds (DIFC Courts, 19 Feb 2014) [property, contract, breach of fiduciary duty]
- X1 v Y1 (DIFC Courts, 28 Nov 2014) [arbitration enforcement, jurisdiction]
- X v Y (DIFC Courts, 5 Jan 2015) [arbitration enforcement, constitutionality]
- Nakheel v Souq (Dubai World Tribunal, 2011 – 2015) [property, contract, abuse of rights]

Tom is recommended for construction work by Chambers & Prs 2015: "He is a superb advocate and he has superb judgement. He is very good on the law".

He is also recommended for international arbitration work by Legal 500 2015: ‘An outstanding lawyer with a great strategic mindset.’’

Tom is a contributor to Foskett on Compromise (8th Edn., 2015). He is responsible for the chapters on insurance, arbitration and construction.

Tom Montagu-Smith's picture

Areas of Practice

  • Year Qualified

    2001