Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a Senior Associate, Architect Expert Witness at Hawkins based in Dubai. I undertake expert witness work with a focus on defects in architectural design and construction. I am also a UK registered and Chartered Architect and Chartered Construction Manager.
I began my architectural career in the UK and have been fortunate to work on a number of major UK and international transport projects including Heathrow Terminal Five, Pulkovo Airport in St Petersburg, London Bridge Station, Sydney Metro West and Oak Old Common HS2 Interchange.
Completing the King’s College Master’s in Construction Law and Dispute Resolution fueled my desire to get involved in the legal side of construction. I decided that undertaking expert witness work was a good entry into the field with the hope that it can eventually grow into arbitration roles.
Q. When and how did you get to this position?
A. I relocated to Dubai in 2016 to work for an architectural practice where I eventually became Regional Leader for Transport. In 2021, I transitioned into expert work. Joining Hawkins has allowed me to pursue a career which combines my two passions: architecture and dispute resolution. After a comprehensive interview I was offered a position to help Hawkins grow their Built Environment expert team in the region. Since joining, I have been appointed for numerous cases including issues related to floor failures, and damage caused by condensation. I have also opined on compliance with building codes, and contractual scope of work.
Q. How is your career linked with the CIArb and at what point did you join the CIArb?
A. I undertook my Royal Institute of British Architects Part 3 examination at a different university to where I had completed my Part 1 and Part 2. This meant I did not gain a master’s degree. To help my career progression, I decided to undertake a master’s degree in a related field.
I discussed options with my employer at the time and a director recommended the Master’s in Construction Law and Dispute Resolution at Kings College in London, which he had completed himself. It was only after I was accepted onto the course, that he shared with me that this course was the hardest thing he had done. He was right; the course was challenging but I thoroughly enjoyed it and it ignited my interest in the legal side of the construction industry and arbitration.
During the course, I took an additional module which enabled me to take the CIArb award writing exam and become a Member of the CIArb. Taking this additional module also entitled me to apply for fellowship. I decided to attend the fellowship interview and was delighted to become a Fellow in 2012.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. Undertaking my master’s degree part-time whilst also simultaneously delivering London Bridge Station project during its life construction phase is one of my notable achievements. When the contractor’s team discovered that I was studying Construction Law, I gained a lot more respect from them, probably due to the fact that the contractor’s project lead had also completed the same course.
I accredit attaining CIArb fellowship to have played a major part in my career progression and in achieving my current role.
Furthermore, attaining fellowship status with CIArb has enabled me to successfully register and be included on the roster with the Saudi Centre for Commercial Arbitration.
Q. What are your aspirations for the future?
A. In the immediate future, my aspiration is to establish myself as a trusted architect expert witness. Besides my existing cases, I have been writing articles, giving webinars, speaking at events and providing CPD to law firms. In the medium term, I hope to gain experience in the arbitral process either as an arbitral secretary or through a pupillage. The long-term goal is, of course, to get my first arbitrator appointment.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. In terms of expert witness work, the first point to note is that you need to have sufficient experience within your related discipline. It is also worthwhile to undertake a specific expert witness course.
For arbitration, I suggest both undertaking the CIArb courses and attending as many events as possible; this will not only strengthen your knowledge, but also grow your network.
I also recommend either getting involved in the CIArb UAE branch’s mentoring scheme or finding your own mentor who can guide you and provide advice. I was involved in last year’s CIArb UAE branch’s mentoring scheme as a mentee. This acted not only as a refresher but expanded my arbitration knowledge and enabled me to expand my network.
Austen Smith is a Fellow of the Chartered Institute of Arbitrators. He acts as expert witness and is a Senior Associate with Hawkins. Austen can be contacted on Austen.smith@hawkins.ae
To be interviewed in future Newsletters, please contact our interviewers Kasia Halliday at khalliday@thinkbrg.com or Maria Mazzawi at MariaMazzawi@eversheds-sutherland.com.
CIArb UAE Branch News 