Jennifer Younan

Shearman & Sterling

Paris www.shearman.com

jennifer.younan@shearman.com Tel: +33 1 53 89 48 04

Biography

Jennifer Younan is a partner in Shearman & Sterling’s international arbitration and public international law practices. She has 20 years of experience advising and representing companies, state-owned entities and states in commercial and investment treaty arbitrations, with a focus on investment and energy disputes in emerging markets. Jennifer has notably participated in several of the largest international arbitrations, securing historic outcomes for the firm’s clients. She is admitted to practise in New South Wales (Australia), England and Wales and Paris.

Where did you start your legal career?

My first job, after law school, was as a law clerk to the Honourable Justice Michael Kirby AC CMG of the High Court of Australia. This was a formative experience in many ways: seeing the leading advocates at the time plead before the Court, being privy to the judges’ deliberations and working alongside a group of talented lawyers and support staff. However, what I retained above all from that year, thanks to Justice Kirby, was an appreciation of the impact of human rights and international law on domestic law, and the potential to bridge the divide between the two. This international outlook, and search for universal themes, has guided me ever since.

What attracted you to international arbitration?

A variety of factors: the international environment, with actors from diverse legal and cultural backgrounds; an interest in international law and politics; the creativity that the practice entails; the rigour that comes with working on high-stakes and challenging matters; and the opportunity for oral advocacy.

How has the market changed since you first started practising 20 years ago?

When I started, there were only a handful of law firms with dedicated international arbitration practices. Investment treaty arbitration was also nascent. All that has changed in the past 20 years. The market is much more competitive, with a diverse range of actors. Following its initial growth spurt, investment treaty arbitration is also facing what some have called a legitimacy crisis.

Do you think the so-called legitimacy crisis could bring about the end of investment treaty arbitration?

One has to remember that investment treaty arbitration is still relatively young. While states began concluding investment agreements with investor state dispute settlement provisions in the late 1960s, investment treaty arbitration only really took off around the mid-1990s. The system is still developing, and while there are legitimate criticisms that need to be addressed, what we have seen in this relatively short period of time is that the system is capable of adapting to change.

What other trends do you see emerging?

There is an increased commitment to tackling climate change, with the European Union at the forefront of many of these changes. The energy transition, and the challenges associated with it, will inevitably generate further disputes. International arbitration has a unique role to play here, and it is important that, as practitioners, we anticipate and prepare for such change. This involves understanding not only the policies and regulations driving the transition, but also the economic and technical drivers.

On which types of matters are you most active at present?

My practice is diverse, with a mixture of commercial and investment treaty cases across a range of sectors (energy, mining and metals, infrastructure, construction, media, aerospace, financial services, telecoms). I also advise on public international law issues (including the interpretation and application of treaties, territorial sovereignty, sanctions, state immunity, international human rights and international humanitarian law) and sit as arbitrator. My most active matters at present are Russian related and concern sanctions.

What has been your most memorable hearing to date?

Hearings are rarely uneventful. If I had to choose one, it would be the Yukos merits hearing. It was the culmination of seven years of hard work and I think the weight of the occasion inspired everyone to give their very best. When you’re living and breathing a case, it’s important at the hearing to be able to get out of the weeds of the case and look at it with fresh eyes. I enjoyed that challenge and, of course, the opportunity to plead at the Peace Palace in The Hague.

What advice would you give to someone starting out in arbitration?

I think it is important to have a good grounding in one (or more) domestic legal systems, and preferably international law, before specialising in international arbitration. To grasp the relationship between different legal systems, you need to start with a solid understanding of how each system works.

Peers and clients say: “I have always been impressed by her strategic way of thinking and knowledge of laws” “Jenny is an international leading lawyer in arbitration” “She is very precise, always to the point, has a very good memory” “She is very responsible and responsive”