Thomas Smithurst

Sydney Associate

Thomas Smithurst is a U.S.-qualified lawyer with deep experience in China.

Thomas previously worked within the China practice of a leading U.S. litigation firm, where his practice covered arbitration, general business disputes, and white collar defense and investigations.  Thomas also has experience working in-house for a tech startup, with a heavy focus on IP-related issues.

Before entering the legal profession, Thomas served in the Australian military, with some of his last work involving interpreting under the Australian Defence Attaché to China.

Career details
  • Associate, Peter & Kim (2024 – Present)
  • In-House Counsel, Sirius-beta, Brisbane (2023 to 2024)
  • Foreign Legal Consultant, Quinn Emanuel Urquhart & Sullivan, Shanghai (2016 to 2021)
Education details
  • Juris Doctor, University of Chicago (2023)
  • Master of Laws, University of Chicago (2015)
  • Juris Master, Peking University (2013)
  • Bachelor of Arts (Honours), Australian Defence Force Academy (2000)
Experience
  • Represented a Korean construction company in an ICC arbitration seated in
    London concerning the construction of an electrical substation in Iraq.
  • Represented Viet Nam in an investor-state arbitration concerning a court
    decision to set aside an arbitral award.
  •  Represented an Indonesian gas pipeline operator in connection with potential
    proceedings against an arbitral award rendered by an ICC tribunal seated in
    Hong Kong.
  • Represented a Korean heavy manufacturing company in an ICDR arbitration brought by two U.S. companies regarding a contract to supply wind turbines.
  • Represented a Swiss private bank in a CAA arbitration seated in Taipei in a
    dispute with a Taiwanese life insurance company concerning a banking mandate and related security agreement.
  • Represented a Middle Eastern branch of a Chinese bank in litigation filed in a
    federal district court in California concerning, in part, payment on a letter of
    credit for an allegedly fraudulent international sale-of-goods transaction.
  • Represented a Chinese biotech company in court litigation filed in Delaware
    against a U.S. clinical research organisation relating to a biologics drug trial in the United States.
  • Represented employees of a commodities trading company in connection with
    parallel investigations by the U.S. Commodity Futures Trading Commission
    and the U.S. Department of Justice into alleged trading irregularities.
  • Represented a former executive of an offshore and marine construction
    company in connection with investigations by the U.S. Department of Justice and Singapore Corrupt Practices Investigation Bureau.
Publications

“Tech Giants Reined In: China Tightens Antimonopoly Regulation of Digital Platforms”, Journal of European Competition Law & Practice, 2 July 2021

James Morrison and Thomas Smithurst, “Swiping Right to Arbitration: An
Imperfect Match?”, Kluwer Arbitration Blog, 20 February 2025 (anticipated).