Henry Forbes SmithBarrister at One Essex Court
Henry Forbes Smith has a extensive international litigation and arbitration expertise, particularly in banking, commercial, governmental, energy and technology. Henry orally argued the most challenging parts of Cortec v Kenya (Decision on Annulment, 19 March 2021) for Kenya before an ICSID annulment committee, upholding jurisdictional dismissal under international law of a €3 billion claim against Kenya for an investment made in serious breach of local environmental law. Henry played a central role for Huawei in Unwired v Huawei and Conversant v Huawei  UKSC 37, establishing the right of each country contractually to price patents under the European Telecommunication Standards Institute’s patent licence. These were the top two UK patent cases that year, and among the biggest tech cases in the world. Henry played a leading role in Lomas v Firth Rixson  2 Lloyds Rep 548, a leading authority on the ISDA Master Agreement, establishing that Lehman could not recover its in-the-money positions following its bankruptcy. Henry has deep experience with parallel litigation, and local laws, including a wide range of civil law and common law jurisdictions in Asia, Europe, Africa, South America and the Pacific. Henry has a substantial arbitration practice, including under LCIA, ICC, SIAC, ICDR, UNCITRAL and ICSID rules. He also sits arbitrator and is admitted in New York and New Zealand. Prior to coming to the bar, Henry was a capital markets and M&A attorney practising New York law with Davis Polk, and New Zealand law with Chapman Tripp.