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David Smallbone
FICM COI Checked CPD Current International Trade, Transport & Maritime Bench

David Smallbone

Arbitrator & Mediator

Sydney, Australia · Oceania
Bench: International Trade, Transport & Maritime Bench Practice: mediation arbitration Sectors: Banking and Finance
Professional Biography
A highly experienced advocate and effective cross examiner, with or without interpreters, David advises and appears in disputes including fraud, forgeries, contracts, sales, trade practices, real and personal property, landlord and tenant, mortgages and securities, corporations, trusts, estates, partnerships, insolvency, franchising, trademarks, construction, restitution and administrative law. David’s client base comprises individuals (including professionals, such as solicitors and accountants) and corporate entities. With extensive experience acting for international clients, his practice extends to acting in matters involving Chinese, Japanese, Korean, Russian, United States, Solomon Islands and Fijian law. Complementing his litigation practice, David’s alternative dispute resolution practice encompasses international and domestic arbitration, stay applications, enforcement of Awards, applications for court orders in aid of the arbitral process, construction adjudications and expert determinations. He also has considerable experience in both court-annexed and private mediation. David is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and member of the Australian Centre for International Commercial Arbitration (ACICA).
PROFESSIONAL EXPERIENCE
  • 1990 – present Barrister, Frederick Jordan Chambers
  • 1989 Associate to Deputy President BJ McMahon, Administrative Appeals Tribunal
ADMISSIONS TO PRACTICE
  • 1990 Admitted to the Bar of New South Wales, Australia
  • 1988 Admitted as a Solicitor of the Supreme Court of New South Wales, Australia
PROFESSIONAL MEMBERSHIPS
  • Fellow, Chartered Institute of Arbitrators (FCIArb)
  • Member, Australian Centre for International Commercial Arbitration (ACICA)
  • Member, Asian Australian Lawyers Association
  • Member, Hong Kong Australia Business Association
  • Bar Councillor, New South Wales Bar Association (2011 – 2012)
  • Member, New South Wales Bar Association
SPEAKING ENGAGEMENTS
  • Enforcing Chinese Judgments in Australia: Financial Cases (2018, in Beijing during China Arbitration Week, at the China Forum on Financial and Investment Disputes)
  • What is Just and Equitable? (2018)
  • Caveats: Essential Step or Tactical Weapon (2015, updated 2017)
  • Sunset Clauses (2015)
  • Some Recent Topics in Partnership Litigation (2010)
Overview
David maintains a broad commercial and equity practice, with an interest in international commercial arbitration. He regularly appears at first instance and on appeal (and often opposed to Senior Counsel) in a diverse range of State and Federal Courts and Tribunals throughout Australia. David’s global reach has also seen him appear in the High Court of the Solomon Islands, the
Qualifications & Education
  • 2017 Fellow of the Chartered Institute of Arbitrators (FCIArb)
  • 2016 CIArb Asia Pacific Diploma in International Arbitration
  • 1988 Bachelor of Arts/Laws: Macquarie University
Global Bench
International Trade, Transport & Maritime Bench

Shipping, aviation, logistics, cross-border trade, customs, maritime disputes.

Services & Capabilities
Arbitration Expert Determination Dispute System Design
Who this Neutral Serves
Ombuds program for companies For International Trade For Global Corporations
Industry Experience
Financial Services Consumer Business
INDS™ Qualified

David Smallbone is listed on the TheNeutrals.ORG™ Global Bench and is qualified under the INDS™ Neutral Evaluation methodology. Every engagement follows the six-stage INDS™ process: Intake, Information Gathering, Behavioural Assessment, Risk Analysis, Strategy & Settlement Feasibility, and Final Report. All four sub-frameworks (INDS-BF™, INDS-RG™, INDS-SFM™, INDS-SF™) apply to every evaluation engagement.

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