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Jennifer Younan

Biography

With more than 20 years of experience, Jennifer has a distinguished record of advising and representing companies, State-owned entities and States in significant and politically sensitive international commercial and investment treaty arbitrations conducted under all major arbitration rules.

Known for her “multi-industry expertise”, Jennifer’s experience spans a wide range of sectors, including energy and mining & metals. Her work encompasses various types of disputes, with a particular focus on investment-related disputes and those involving a Russian nexus, including sanctions. She is also highly regarded for her advice on cutting-edge and topical issues in public international law. Jennifer has notably advised on several of the largest international disputes submitted to arbitration securing historic victories for her clients, including a $50 billion award for the majority shareholders in the former Yukos Oil Company, the largest award ever rendered by an arbitral tribunal. She presently acts as lead counsel in several high-stakes arbitrations arising from the current geopolitical climate. Jennifer is a member of the ICC Court, the ICC Commission on Arbitration and ADR, and the ICC Task Force on addressing issues of corruption in international arbitration. She is also an Officer of the LCIA European Users’ Council. Jennifer is consistently recognized at the top of her field, ranking as a Global Market Leader in Chambers & Partners, a Leading Lawyer in The Legal 500 and a Global Leader and Thought Leader (France) in Who’s Who Legal: Arbitration. These leading legal directories commend Jennifer as “one of the leaders in arbitration”, describing her as “masterful”, “a real star”, “incredibly impress[ive]”, a “strategic thinker” and “a truly outstanding lawyer”, with an “exceptional legal mind”. Jennifer is qualified to practice in Paris, England & Wales, and New South Wales, Australia.

Practice areas

  • Disputes
  • International arbitration
  • Sanctions and international trade
  • Crisis management
  • Administrative and public law

Sectors

  • Financial institutions
  • Banks
  • Energy
  • Oil and gas
  • Power
  • Nuclear
  • Renewables
  • Defense

Selected experience

  • Luxembourg, Respondent in an UNCITRAL arbitration brought by Mikhail Fridman. The dispute concerns EU restrictive measures imposed in the context of the Russian invasion of Ukraine. The US$ 16 billion claim is brought under the BLEU-Russia bilateral investment treaty.
  • Lithuania, Respondent in an ad hoc arbitration brought by Hasenberg AG. The dispute concerns the prohibition of the transport of chemical products based on national security grounds and EU restrictive measures. The claim is brought under the Switzerland-Lithuania bilateral investment treaty.
  • A European State, Respondent in an UNCITRAL investment treaty arbitration brought by a Russian national concerning restrictive measures.
  • Foreign companies with operations in Russia, on EU restrictive measures, Russian countersanctions and managing operations and/or exits in light of heightened due diligence.
  • Ukraine, Respondent in an SCC arbitration brought by VEB.RF, the Russian State development agency. The dispute relates to sanctions and other measures allegedly targeting Russian banks in Ukraine after 2014. The claims are brought under the Ukraine-Russia bilateral investment treaty.
  • Ukrainian State-owned nuclear agency Energoatom in connection with the expropriation of its assets on the temporarily occupied territories of the Autonomous Republic of Crimea and Enerhodar, including the Zaporizhzhia Nuclear Power Plant, and the preparation of written notifications of dispute sent on behalf of Energoatom to Russia under the Ukraine–Russia bilateral investment treaty.
  • A global social media company in relation to State interferences with its business in an attempt to hinder public exchange. The relevant conduct implicates a number of fundamental human rights, including the right to freedom of expression, the right to privacy and the right to non-discrimination. Advising on potential recourse in several fora, including regional human rights courts.
  • Ukraine, Respondent in an ICSID arbitration initiated by Emergofin B.V. and Velbay Holdings Ltd. The dispute relates to measures allegedly targeting an aluminum and alumina production company, including sanctions issued against the Claimants and their ultimate Russian owner. The claims are brought under the Netherlands-Ukraine bilateral investment treaty.
  • A major European aerospace company with respect to its long-term service contract, and issues arising from delays to and/or failures of performance under the same. NY law applies.
  • An Eastern European fund in relation to a construction dispute concerning a renewable energy project in the Caucasus region.

Education

  • LLB, University of New South Wales, 1998 BCom, Finance, University of New South Wales, 1998 BCL, University of Oxford, 2001 MPhil, Public International Law, University of Oxford, 2003

Admissions

  • Paris, 2014 England & Wales, 2007 New South Wales, Australia, 1999

Languages

  • English