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Younan Jennifer

Jennifer Younan

Partner
Jennifer Younan is a partner in Shearman & Sterling’s International Arbitration Group.  She has extensive experience advising and representing States, State-owned entities and companies in investment treaty and commercial arbitrations conducted under most major institutional rules, including the ICSID, ICC, LCIA and Swiss Rules, and in ad hoc arbitrations, with a particular focus on investment and energy disputes.  Jennifer Younan has notably participated in several of the largest international disputes submitted to arbitration.  Her experience covers a wide range of sectors, including energy (oil and gas, power, nuclear), business combinations (mergers & acquisitions, joint ventures), banking and finance, infrastructure/transportation, construction and general commercial matters. 
  

Jennifer Younan is a member of the ICC Commission on Arbitration and ADR, ICC Task Force on maximizing the probative value of witness evidence and an Australian Government Delegate to the UNCITRAL Working Group II on Arbitration and Conciliation.

Jennifer Younan was recently featured in the inaugural edition of Who’s Who Arbitration – Future Leaders 2017. The publication, which is based upon an independent survey of general counsel and private practice lawyers worldwide, profiles the foremost practitioners in the global arbitration community aged 45 and under and notes that Jennifer Younan is a “delightful individual, very talented and wonderful to work with”. Jennifer Younan is also featured in the edition of Who’s Who Legal: France 2017, where she is described as “an up-and-coming partner who is ‘capable of great things’, according to peers”.

Prior to joining Shearman & Sterling in 2003, Jennifer Younan clerked for the Hon. Michael Kirby AC CMG at the High Court of Australia.

Jennifer Younan is admitted to practice in New South Wales (Australia), England and Wales and Paris (as a foreign qualified lawyer).

Selected Experience

  • Ukraine as Respondent in an ICSID arbitration initiated by Emergofin B.V. and Velbay Holdings Ltd. under the Netherlands-Ukraine bilateral investment treaty (ICSID Case No. ARB/16/35). The dispute relates to an aluminium and alumina production company.
  • Two international construction contractors as Respondent in an ICC arbitration in London initiated by a Middle Eastern State-owned company. The dispute concerns the development of a world-class medical facility in the Middle East. The law of the Claimant's State applies.
  • A French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arises from an agreement for the construction a nuclear power plant in Finland. Finnish law governs. Over EUR 6.1 billion is at stake.
  • The majority shareholders in the former Yukos Oil Company as Claimants in a series of three arbitrations against the Russian Federation in relation to the expropriation of their investment in the company. The claims were brought under the Energy Charter Treaty, a multilateral treaty governing trade and investment in the energy sector. The arbitrations were conducted in accordance with the UNCITRAL Arbitration Rules and were administered by the Permanent Court of Arbitration (PCA) in The Hague. In an Interim Award of November 20, 2009, the Arbitral Tribunal decided that it had jurisdiction over the dispute and that the claims were admissible. In a Final Award rendered on July 18, 2014, the Arbitral Tribunal ordered the Russian Federation to pay over USD 50 billion in damages to our clients, which makes this the largest arbitral 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 as 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).

Selected Speaking Engagements and Publications

  • Speaker, “The Proposed EU Investment Court”, ABA Section of International Law 2017 Europe Forum, Barcelona, Spain, June 12, 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 2, 2017
  • Speaker, “Enforcement of Arbitral Awards Against States”, Dispute Resolution Training, Kyiv, Ukraine, February 3, 2017
  • Speaker, “Emergency Arbitrators and Interim Relief”, Eastern European Dispute Resolution Forum, Minsk, Belarus, September 23, 2016
  • Speaker, “The Future of International Arbitration after Yukos”, 5th ICC YAF Global Conference, London, June 25-27, 2015
  • Speaker, Dispute Resolution Panel, 10th ECA (Europe-Caucasus-Asia) Legal Forum, Tbilisi, Georgia, June 17-20, 2015
  • Moderator, 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 3-5, 2008
  • State Entities in International Arbitration, IAI Series on International Arbitration No. 4 (Co-editor, Juris Publishing, New York, 2008)
  • Collaboration with Emmanuel Gaillard on his International Arbitration column in the New York Law Journal
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Education

  • University of Oxford, Magdalen College, M.Phil.
  • University of Oxford, Magdalen College, B.C.L.
  • University of New South Wales, LL.B.
  • University of New South Wales, B.Com.

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