He has a particular speciality in relation to disputes throughout the whole life cycle of oil and gas projects, and disputes arising from energy transition.
He is regularly trusted by clients with managing the conduct and resolution of high value and strategic disputes, including through international arbitration, superior Court litigation and other forms of alternative dispute resolution.
David is highly valued for his careful and thoughtful approach to matters, along with his tireless and enthusiastic commitment to achieving the best possible outcome for his clients.
David is held in very high regard by his clients and peers, as demonstrated by him being currently listed in Legal 500, Chambers Asia Pacific and the 'Best Lawyer List' for various forms of dispute resolution (including arbitration and litigation). He receives high praise from interviewees, clients finding him "an effective communicator who is always available" and "great to work with and on top of all the issues," while another source calls him "a master of litigation warfare" who is "laser-focused on helping the client and getting the best outcome - and always delivers." (Chambers Asia Pacific, 2022); and "David Jenaway is a clear stand out. His legal skills are exemplary. He is able to combine these skills with a tenacious approach to understanding and implementing his client’s needs. He delivers on big matters and is certainly someone you want in the trenches with you." (Legal 500, 2024).
He was the 2021 winner of the "Professional Services" category at the WA Business News 40under40 awards. He also takes a lead role in A&O Shearman’s community and pro bono initiatives.
David is Co-Managing Partner of Australia and Managing Partner of Perth. He has extensive experience in a broad range of high profile disputes, with an emphasis on matters arising in the energy and resources, and construction, sectors.
Expertise
Industries
Experience
Representative matters
Lanco on a AUD500m dispute arising from the sale of the Griffin Coal Mining Company. The matter also involved urgent proceedings regarding the enforceability of letters of credit.
Two international oil and gas companies on USD2bn worth of disputes to be resolved via commercial and investment treaty arbitration, relating to a Vietnamese project.
A multinational oil and gas company on USD3bn worth of disputes to be resolved via ICC arbitration seated in Singapore, relating to the construction of an onshore LNG project.
Eni on a USD150m dispute in the Supreme Court of Western Australia against Sedco Forex International relating to an alleged breach of a contract for the supply of an FPSO.
Two international oil and gas companies on commercial and investment treaty disputes over potential USD2bn losses relating to a Vietnamese project.
A joint venture of four international energy companies in an LNG Price review for an APAC-based project and ongoing sale of LNG.
A multinational oil and gas company acting as operator of a joint venture, in relation to breaches and possible termination of a contract related to the supply and operation of an FPSO.
A global financial institution in relation to Supreme Court proceedings for alleged misleading and deceptive conduct regarding the sale of an investment product entitled "Lehman Brothers 5 years USD Daily Accrual, Memory Knock Out Principal Protected Note".
A world-leading supplier of tantalum products, in an arbitration arising from a construction project in northern Western Australia.
RCR Resolve FM in relation to Supreme Court proceedings against Serco Australia for disputes arising from the performance of facilities management services at detention centres throughout Australia.
Hamersley Iron Pty Limited in relation to Supreme Court proceedings commenced by McMahon Services Australia Pty Limited, relating to works performed at the Cape Lambert power station.
The North West Shelf Gas joint venture on a pricing arbitration conducted under a gas sale and purchase agreement.
A large international investment company in relation to Supreme Court proceedings worth USD700m against a Perth-based iron ore miner.
Pro bono
Acted for an indigenous law centre in relation to intestacy laws in Western Australia
Advised various not-for-profit and charity institutions on insurance obligations and coverage
Advised a homeless centre on a Magistrate's Court claim regarding alleged misappropriation of property
Advised an individual in relation to disability discrimination proceedings in the Federal Court of Australia
Advising an individual on Supreme Court Litigation relating to allegations of misleading or deceptive and unconscionable conduct arising from a mining project investment
Acted for individual in relation to Supreme Court litigation in relation to an alleged default on a mortgage
Published Work
- "Gas price reviews in Asia-Pacific", Chapter in Gas and LNG Price Arbitrations book, Second Edition, page 213 - 224
Recognition
“A first-class litigator who can quickly ascertain the legal strengths and weaknesses of issues from a complex web of facts.”
Chambers Asia Pacific, 2021
“He is committed to representing you; you feel that he has worked tirelessly to understand the matter and that he will respond with an intelligent and reasoned approach.”
Chambers Asia Pacific, 2021
Awards
- Professional Services, 40 under 40 Winner, WA Business News, 2021
- Under 40 ADR Practitioner of the Year, Australian ADR Awards, 2021
- Under 40 ADR Practitioner of the Year, Australian ADR Awards, 2022
Qualifications
Admissions
Admitted as a lawyer, Western Australia, 2009
Academic
LLB (Hons), BA (Politics and International Studies), Murdoch University, 2007
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.