Experienced.

Jennifer M. Smith is an independent arbitrator with over 35 years of experience in the resolution of complex disputes.  Dual qualified in England and Texas, she began her career as an advocate acting on a broad range of disputes, quickly rising to the position of first chair in jury trials, bench trials, and arbitrations.  As a partner in the London office of an international law firm,  she launched the firm's international arbitration practice and honed her expertise in high value cross-border disputes. Since then, Jennifer has acted as both counsel and arbitrator in a large spectrum of industries and subject-matters around the globe.  Jennifer became a full-time arbitrator in 2021 and prides herself on being well-versed in the business and cultural realities of cross-border disputes, as well as on having a deep understanding of almost every facet of the energy industry.  She is highly regarded for her integrity, efficiency, collegiality, professionalism, and ability to dissect complex concepts. Those with whom she has worked describe her as "tremendously talented," "exceptionally well prepared," "committed to getting the right result," "very bright and hard-working" and as someone "who understands the practicalities of complex arbitrations."  

Professional Experience

2021-Present      Independent Arbitrator - JMS Arbitration
2015-2021          Hogan Lovells, Houston (Partner)
1992-2015          Baker Botts (Associate 1992-2000; Partner 2000-2015/ London and Houston; Vice-Chair       Litigation Department; Executive Committee
1990-1992          Law Clerk, United States District Court for the Southern District of Texas

Representative Matters as Arbitrator

Chair

  • Chair of Tribunal in an ad hoc arbitration governed by the CPR Non-Administered Arbitration Rules related to asset assignment and performance bonds under a Purchase and Sale Agreement for offshore and onshore oil and gas assets
  • Presiding arbitrator in LCIA arbitration relating to claims arising under a shareholder’s agreement for operating an oil and gas concession in Central Asia, seated in London
  • President in an ICC arbitration seated in London arising out of a geophysical survey contract for construction of a wind turbine offshore Scotland
  • Chair of Tribunal in an AAA arbitration concerning a gas supply agreement for a refinery in California and alleged malfunctioning of gas chromatograph equipment, seated in Los Angeles

    Co-Arbitrator

  • Co-arbitrator in an ICDR arbitration regarding post-closing tax indemnities following the purchase and sale of oil and gas assets in a South American country
  • Co-Arbitrator in an ICC arbitration seated in New York, governed by New York Law, relating to an LNG Gas Supply Agreement with a Caribbean power station
  • Co-Arbitrator in an ICC arbitration seated in New York between a global sports association and a Korean broadcaster arising out of a Broadcast Distribution Agreement and a Tournament Sponsorship Agreement
  • Co-Arbitrator in ICDR arbitration seated in Dallas concerning a Farmout Agreement and JOA related to unconventional drilling under an Exploration and Production Agreement with a South American country
  • Co-Arbitrator in an ICDR arbitration seated in New York concerning an operation and services maintenance agreement for wind-powered electric generating facilities in the US and Canada
  • Co-Arbitrator in ICDR arbitration seated in New York relating to environmental indemnification provisions under a Separation and Distribution agreement for a petrochemical industrial site
  • Co-Arbitrator in ICDR dispute seated in Miami concerning rights to an extensive classic Mexican film library
  • Co-Arbitrator in LCIA arbitration relating to a contract for the sale and purchase of natural gas and supply curtailments during Winter Storm Uri
  • Co-Arbitrator in ICDR arbitration involving a licensing dispute between a US inventor and a Mexican biotechnology company
  • Co-Arbitrator in ad hoc arbitration under CPR rules concerning a hydrogen supply agreement
  • Co-Arbitrator in ICDR arbitration seated in Houston concerning rights under a Change in Control Agreement 
  • Co-Arbitrator in ad hoc arbitration seated in Houston concerning royalties due under a series of license agreements for down-hole tools
  • Co-Arbitrator in an ICC arbitration between a Russian company and a U.S. company concerning the sale and valuation of a coal mining operation, seated in Paris 
  • Co-Arbitrator in an ICC arbitration between Canadian and Channel Island companies related to the exploration and development of hydrocarbons in Kurdistan, seated in London
  • Co-arbitrator in AAA arbitration arising under a gas services agreement relating to the calculation of the residual gathering rate governed by Utah law

    Sole

  • Sole arbitrator in an ICC arbitration involving a dispute over a licensing agreement for software used in operations of a California poultry farm
  • Sole arbitrator in AAA arbitration seated in Houston relating to software subscription and support agreement used in field service management for energy service company
  • Sole arbitrator in an arbitration concerning damage to vertical wells in New Mexico allegedly relating to separate lessee’s hydraulic fracturing in neighboring horizontal wells

Recognitions

Jennifer is recommended by Who’s Who Legal in association with Global Arbitration Review as a Global Leader in Arbitration and a Global Leader in Energy.  She is also recognized as Best of the Best in Commercial Arbitration, Energy and Natural Resources, and Women in Business Law, and named as an independently rated Acritas Star as a stand-out lawyer in her field.  She is listed on the AAA Panel of Commercial Arbitrators, the ICDR Panel of Arbitrators, the LCIA database, the ICC and numerous other arbitral institutions, as well as on Global Arbitration Review ‘s Arbitrator Research Tool.

Education

J.D., The University of Texas School of Law, with honors, 1990  
B.A., Wellesley College, magna cum laude, Phi Beta Kappa, 1987

Admissions and qualifications

Licensed in England and Wales
Admitted to the State Bar of Texas

Professional Bodies

Former Vice Chair, Institute for Transnational Arbitration
Director, Houston International Arbitration Club
Former President, World Affairs Council of Greater Houston
Advisory Board, Kay Bailey Hutchison Center for Energy, Law & Business 
International Advisory Committee ICDR
Fellow, Texas Bar Foundation
Member, LCIA
Trustee, Wellesley College