Tom Montagu-Smith KC > Chambers of Ewan McQuater KC and David Quest KC > London, England > Barrister Profile
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Tom Montagu-Smith KC
Position
Barrister practicing in commercial litigation and arbitration, including shareholder disputes, civil fraud, banking, insurance and reinsurance and disputes arising out of construction projects. Has particular expertise in cross-border enforcement of judgments and arbitration awards. Appears regularly in London and the DIFC Courts, in addition to arbitration under a wide range of institutional rules. Has also appeared in the ADGM Courts, Singapore International Commercial Court and the Courts of the British Virgin Islands. Sits as a Judge of the Astana International Financial Centre Court, where he wrote the first judgment. Significant cases in England include Kyrgyz Republic v stand Energy [2018] 1 Lloyd’s Rep 66; Watson v Watchfinder.co.uk [2017] Bus LR 1309 and Honeywell International v Meydan [2014] 2 Lloyd’s Rep 133. Has appeared in many leading cases in the DIFC Courts, including SKAT v Elysium Global (2018 – ) [US$2bn fraud claim]; Pearl Petroleum v Kurdistan [2017] DIFC ARB 003 [US$2.1bn arbitration enforcement claim]; Viceroy v Assas Opco (2017 – ) [hotel management]; DNB Bank v Gulf Eyadah [2015] DIFC CA 007 [landmark case on “conduit enforcement”].
Career
Called: 2001; QC 2017; Judge of the AIFC Court 2017; ADGM Arbitration Centre Panel Arbitrator 2019.
Memberships
COMBAR; Chancery Bar Association.
Education
Lincoln College, Oxford (MA).
Lawyer Rankings
London Bar > International arbitration: counsel
(Leading Silks)Ranked: Tier 4London Bar > Banking and finance (including consumer credit)
(Leading Silks)Ranked: Tier 3Tom Montagu-Smith KC – 3 Verulam Buildings ‘Tom is an excellent lawyer and draftsman and advocate.’
The English Bar Offshore > The English Bar Offshore
(Leading Silks)Ranked: Tier 3Tom Montagu-Smith KC – 3 Verulam Buildings ‘Tom is a highly analytical lawyer and moderated advocate. He is effective and popular.‘
Middle East: The English Bar > Commercial
(Leading silks)Ranked: Tier 1A market leading set for commercial litigation in the Middle East, 3 Verulam Buildings’ members regularly appear in high value banking claims in the DIFC Courts, as well as complex commercial arbitration as both counsel and arbitrators. Tom Montagu-Smith KC led Matthew Watson in Emirates NBD Bank v Advanced Facilities Management, successfully convincing the DIFC Court of Appeal to dismiss a claim against a judgement for a $540 million loan facility under both conventional and Islamic lending. Nicholas Craig KC was also successful in September 2023 before the DIFC Court of First Instance in Union Insurance PJSC v International Precious Metals Refiners, with the issues around jurisdiction of the court being developed from previous decisions in Horizon Energy v Al Buhaira and AIG v Qatar Insurance. Saima Hanif KC continues to offer extensive expertise in matters concerning regulatory investigations by the likes of the DFSA.