Image of Jennifer Younan

Jennifer Younan

Partner

Email

jennifer.younan@aoshearman.com

Phone

+33 1 53 89 70 00

Offices

Paris

V-CARD
Jennifer has over 20 years of experience advising and representing companies, State-owned entities and States in significant international commercial and investment treaty arbitrations conducted under all major arbitration rules.

Known for her “multi-industry expertise”, Jennifer’s experience covers a wide range of industry sectors and types of disputes, including energy and mining & metals, with a particular focus on investment-related disputes in emerging markets, as well as disputes having a Russian nexus (including sanctions). She is also well known for advising on cutting-edge and topical issues in the field of 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).

Jennifer is a member of the ICC Commission on Arbitration and ADR, the Editorial Board of the ICC Dispute Resolution Bulletin and the ICC Task Force on addressing issues of corruption in international arbitration. She is also an Officer of the LCIA European Users’ Council and a former Australian Government Delegate to the UNCITRAL Working Group II on Arbitration and Conciliation.

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.

Expertise

Experience

Representative matters

  • A Turkish industrial company in relation to the application to the company’s worldwide operations of EU sanctions imposed in the context of the Russian invasion of Ukraine.
  • Ukraine, Respondent in an SCC arbitration in Stockholm 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.
  • An Eastern European fund in relation to a construction dispute concerning a renewable energy project in the Caucasus region.
  • A Turkish construction company with respect to potential investment arbitration claims against Turkmenistan under the Turkey-Turkmenistan bilateral investment treaty, and parallel claims before the Turkmen local courts.
  • An agency of an Eastern European State as applicant in proceedings to request the setting aside of arbitral awards rendered in a construction dispute.
  • 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 international floating power plant company in a dispute with its insurers. The dispute arises out of an insurance policy for contract frustration and indemnity. English law applies. 
  • An international joint venture in an ICC arbitration in Paris brought by a European contractor. The dispute concerns the construction of a gas processing facility in Africa. The law of the country of the project applies.
  • An international joint venture in an ICC emergency arbitration in Paris brought by a European contractor in relation to the construction of a gas processing facility in Africa. The law of the Respondent’s State applied.
  • An international joint venture and two of its shareholders in an ICC arbitration in Paris brought by a Middle Eastern contractor. The dispute concerns the construction of living quarters for a gas processing facility in Africa, including claims of force majeure in the context of the COVID-19 pandemic. The law of the country of the project applies.
    An international joint venture in an ICC emergency arbitration in Paris brought by a Middle Eastern contractor in relation to force majeure claims arising from the construction of living quarters for a gas processing facility in Africa. The law of the Respondent’s State applied.
  • Ukraine, Respondent in a UNCITRAL arbitration brought by Russian State-owed Gazprom. The dispute concerned the enforcement of a fine issued by the Anti-Monopoly Committee of Ukraine in relation to Gazprom’s breaches of Ukraine’s competition law in the performance of a gas transit contract. The claims were brought under the Ukraine-Russia bilateral investment treaty. 
  • Two international construction contractors, Respondent in an ICC arbitration in London initiated by a Middle Eastern State-owned company. The dispute concerned the development of a world-class medical facility in the Middle East. The law of the Claimant’s State applied, and USD 3.7 billion was at stake.
  • A French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arose from an agreement for the construction a nuclear power plant in Finland. Finnish law governed, and over €6.1 billion was at stake.
  • A European energy company and its Central European affiliate, Respondents in an ICC arbitration in Paris initiated by a Southeastern Europe energy company. The dispute arose from an agreement for the privatization of a State-owned electricity company. The law of the Claimant’s State applied.
  • The majority shareholders in the former Yukos Oil Company, Claimants in a series of three UNCITRAL arbitrations in The Hague against the Russian Federation in relation to the expropriation of their investment in the company. The claims were brought under the Energy Charter Treaty. The Tribunal ordered the Russian Federation to pay over USD 50 billion in damages to our clients, the largest award ever rendered by an arbitral tribunal. The Tribunal also ordered the Respondent to reimburse to our clients 75% of the legal fees they had incurred in these proceedings, as well as 100% of the arbitration costs.
  • A Cypriot company, Claimant in two LCIA arbitrations in London against the borrower and the guarantor in a USD 1.6 billion loan to a leading Russian oil and gas company. The Claimant sought payment of the unpaid balance of all sums owing under the loan agreement. English law applied and the language of the proceedings was English. The amount at stake in these arbitrations was in excess of USD 650 million (without interest).
  • A European chemical company, Respondent in an ad hoc arbitration in London brought by the European subsidiary of a Middle Eastern chemical company. The dispute arose from a long-term supply agreement and involved complex issues of EU competition law. English law applied.
  • Interbrew Central European Holding BV (a subsidiary of Ambev), Claimant in an ICSID arbitration against the Republic of Slovenia.  This case, which was based on the Netherlands-Slovenia bilateral investment treaty, arose out of the aborted acquisition by Interbrew of Pivovarna Union, the second largest Slovenian brewery.  Multiple proceedings were associated with the case, which received full coverage in the Slovenian press.
  • A European-led joint venture in an ad hoc arbitration in Paris under the UNCITRAL Arbitration Rules against a Middle Eastern State. The opponent’s national law applied. The firm’s client was seeking over USD 140 million in damages and additional payment under a contract for the reconstruction and expansion of an international airport.
  • Two European transportation companies, Respondents in an ICC arbitration in Paris initiated by a European company. French law applied and the languages of the arbitration were French and English. The dispute concerned the non-renewal of an exclusive distributorship contract.

Pro bono

  • Trustee of the UK Board for the Fred Hollows Foundation, an international development organization working towards eliminating avoidable blindness and improving Indigenous Australian health.
  • Advising an international human rights organization on state jurisdiction outside a state’s internationally recognized territory for the purposes of a claim before the European Court of Human Rights. 
  • Advising an environmental charity on the energy transition and its impact on corporate directors’ duties in the EU, France and Germany.
  • Assisting the UN Special Rapporteur on human rights and the environment in conducting research on the application of human rights norms in the context of protection and conservation of biological diversity, ecosystems, protected areas, etc.

Published Work

  • Younan, Jennifer, Co-editor, (2008) State Entities in International Arbitration, IAI Series on International Arbitration No. 4), New York: Juris Publishing

Speaking Engagements

  • Speaker, “Addressing Corruption Challenges in International Arbitration”, 18th ICC Türkiye Arbitration Day, February 2024
  • Speaker, “The Inside Track: Views From Within A State”, Sovereign & States Disputes and Enforcement Summit 2024, London, February 2024
  • Speaker, “Tylney in Town” Paris, London Court of International Arbitration, Paris, October 2023
  • Speaker, “Rise in Counterclaims in Investor-State Dispute Settlement”, Energy Disputes Panel, GIAC Arbitration Days, Tbilisi, Georgia, October 2023
  • Speaker, “Representing States in International Arbitration: Some International Law Challenges”, 5th Sciences Po, Mayer Brown Arbitration Lecture, Paris, June 2023
  • Speaker, “Ideas to improve the international arbitration process”, ICC SIA QMUL 38th Annual Joint Symposium of Arbitrators, Paris, May 2023
  • Speaker, “Emerging Issues in Energy ISDS”, 39th ITF Public Conference, British Institute of International and Comparative Law, London, April 2023
  • Speaker, “The Global Polycrisis and Political Risk Insurance: What Arbitration Practitioners Need to Know”, Paris Arbitration Week, Paris, March 2023
  • Speaker, “The War in Ukraine and its Impact on the Disputes Landscape”, ACICA / CIArb Australia International Arbitration Conference, Melbourne, November 2022
  • Speaker, “Commencing an Arbitration in the South Pacific - How South Pacific Parties Start to Arbitrate”, ACICA and Hemmant’s List (Brisbane), Melbourne, November 2022
  • Speaker, “International Law and the War in Ukraine: The Path(s) to Reparations”, Joint Shearman & Sterling / Ukrainian Arbitration Association Conference, Paris, March 2022
  • Speaker, “Arbitral Tribunal”, LCIA Asia Pacific and European Users’ Councils Symposium, Istanbul, March 2022
  • Speaker, “State-Owned Enterprises in Investment Arbitration”, ICSID-ADGM Joint Conference: Investment Treaty Arbitration in the Middle East, Abu Dhabi, March 2022
  • Speaker, “Approaches to admissibility and relevance of evidence in ISDS”, Thirty Fifth Investment Treaty Forum Public Conference: Evidence in Investor-State Arbitration, Online, April 2021
  • Speaker, “Arbitral awards. Setting aside and enforcement of arbitral awards”, Ukrainian Arbitration Association (UAA) 8th Online Arbitration School, April 2021
  • Speaker, “The Arbitration Proceedings: IT and Cybersecurity – Due Process and Validity of the Award”, Italian Forum for Arbitration and ADR (ArbIt) conference, Webinar, November 2020
  • Speaker, “Investment Arbitration and the Regulatory Powers of States”, 2020 Paris Arbitration Week (hosted by Latham & Watkins), Paris, July 2020
  • Speaker, “International Arbitration and Industry 4.0”, 2020 Kopaonik Business Forum, Kopaonik, Serbia, March 2020
  • Speaker, “High Stake Investor Claims involving FSU Corporate Entities and States”, C5 9th Annual International Disputes and Asset Recovery involving Former Soviet Union Parties, London, January 2020
  • Speaker, “Legal challenges of investing in Caucasus and Central Asia”, IBA Europe – Caucasus – Asia Forum 2019, Tbilisi, Georgia, October–November 2019
  • Speaker, “Ethics in Investment Arbitration”, Kyiv Arbitration Days 2019, Kyiv, Ukraine, September 2019
  • Speaker, “‘The Rich Also Cry’ – Disputes Involving High-Net-Worth Individuals or Sovereign Assets and Secrets to a Happy Ending”, Arbitration Breakfast organized by ASA below 40, CIArb YMG, UBA and UAA, Kyiv, Ukraine, September 2019
  • Speaker, “Investment Arbitration – A Safe Harbour in Turbulent Times?”, 7th Annual GAR Live Istanbul, Turkey, June 2019
  • Speaker, “Case Study: Corruption in Investment Arbitration”, VII Arbitration School organized by the Ukrainian Arbitration Association, Kyiv, Ukraine, May 2019
  • Speaker, “Maternity/Paternity in International Arbitration”, Joint Paris Arbitration Week / ArbitralWomen Conference, Paris, April 2019
  • Speaker, “New York Convention: Present Achievements and Future Challenges”, Conference organized by ICC YAF, ICDR Y&I, RCAN and UAA, Kyiv, Ukraine, September 2018
  • Speaker, “Selection Criteria of Arbitrators”, Georgian International Arbitration Centre (GIAC) Conference, Tbilisi, Georgia, June 2018
  • Speaker, “WTO Litigation and Investment Arbitration: Converging Views?”, Conference of the Foreign Lawyers’ Section of the Geneva Bar Association and the Spanish Arbitration Club, Geneva, May 2018
  • Speaker, “New US Foreign Trade and Investment Policy under Trump”, Kyiv Arbitration Days 2017, Kyiv, Ukraine, November 2017
  • Speaker, “Women in arbitration and international law: Tales from the front line”, Equal Representation in Arbitration/ArbitralWomen, Vienna, Austria, October 2017
  • Speaker, “The Proposed EU Investment Court”, ABA Section of International Law 2017 Europe Forum, Barcelona, Spain, June 2017 
  • Speaker, “Attachment of assets of State-owned entities: piercing the corporate veil in proceedings against a State”, 6th DIS Baltic Arbitration Days, Riga, Latvia, June 2017
  • Speaker, “Enforcement of Arbitral Awards Against States”, Dispute Resolution Training, Kyiv, Ukraine, February 2017
  • Speaker, “Emergency Arbitrators and Interim Relief”, Eastern European Dispute Resolution Forum, Minsk, Belarus, September 2016
  • Speaker, “The Future of International Arbitration after Yukos”, 5th ICC YAF Global Conference, London, June 2015
  • Speaker, Dispute Resolution Panel, 10th ECA (Europe-Caucasus-Asia) Legal Forum, Tbilisi, Georgia, June 2015
  • Speaker, Workshop “A New Model? The ‘Partnering’ of NGOs and Law Firms in Support of Human Rights”, 61st Annual United Nations DPI/NGO Conference, Paris, September 2008 

Leadership Positions And Professional Affiliations

  • Member, Steering Committee, ICC Australia Arbitration Committee
  • Member, ICC Commission on Arbitration & ADR
  • Member, ICC Dispute Resolution Bulletin Editorial Board
  • Member, ICC Task Force on Addressing Issues of Corruption in International Arbitration
  • Former Member, ICC Task Force on Maximizing the Probative Value of Witness Evidence
  • Officer, London Court of International Arbitration (LCIA) European Users’ Council
  • Former Australian Government Delegate, UNCITRAL Working Group II (Arbitration and Conciliation / Dispute Settlement)
  • Member, American Society of International Law (ASIL)
  • Member, British Institute of International and Comparative Law (BIICL)
  • Fellow, Australian Centre for International Commercial Arbitration (ACICA)
  • Member, International Arbitration Institute (IAI)
  • Member, International Bar Association (IBA)
  • Member, International Council for Commercial Arbitration (ICCA)
  • Member, ArbitralWomen
  • List of Arbitrators, Georgian International Arbitration Centre (GIAC) 
  • List of Arbitrators, Bucharest International Arbitration Court (BIAC)
  • List of Arbitrators, Tashkent International Arbitration Centre (TIAC)
  • List of Arbitrators, International Commercial Arbitration Court, Ukrainian Chamber of Commerce and Industry (ICAC)

Recognition

“Jennifer Younan is not only one of the best and smartest arbitration lawyers out there, she is also consistently representing her clients with integrity and class. Very impressive.”
The Legal 500, 2023
“Jennifer Younan is our key contact in the practice. She is a strategy maker and excellent specialist in international public law.”
The Legal 500, 2023

Awards

  • Global Market Leader, Chambers & Partners (2023)
  • Leading Lawyer, The Legal 500 (2023) 
  • Global Leader and Thought Leader (France), Who’s Who Legal (2023)

Qualifications

Admissions

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

Academic

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

Languages

English
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.