Imogen Kenny-Bartlett
Imogen specialises in commercial and investment arbitrations as well as issues of international law.
She is currently seconded to the Hong Kong office, where she advises clients on complex cross-border disputes across the Asia-Pacific region.
Imogen acts as counsel in commercial and investment treaty arbitrations and has a developing advocacy practice. She also advises clients on a broad range of private and public international law issues, including dispute resolution strategy, sovereign immunity, enforcement, treaty protections and investment structuring.
Imogen has significant experience in arbitrations conducted under major institutional and ad hoc rules, including the ICSID, ICC, SIAC, HKIAC, UNCITRAL and LCIA Rules. She has acted in proceedings seated in Australia, Hong Kong, Singapore and London, and has worked on disputes involving the laws of Singapore, Hong Kong, Japan, South Korea, China, Pakistan, Thailand, Indonesia, Australia and England, as well as customary international law.
Imogen regularly advises private sector clients and States at both the pre-dispute and post-dispute stages. Her pre-dispute work includes advising on forum selection, governing law, sovereign immunity and investment treaty structuring in cross-border transactions. Her post-dispute work includes advising on forum strategy, enforcement of foreign arbitral awards and judgments, and potential claims under treaties, free trade agreements and investment contracts.
Imogen works with clients across a wide range of sectors, with a particular focus on energy, technology, media and telecommunications, mining, and private capital. She also regularly speaks and writes on international arbitration and international law issues.
Experience & capabilities
Selected matters
Investor-State Arbitration
- acting for a multinational energy company in parallel arbitrations against a European state involving multi-billion dollar claims under a Bilateral Investment Treaty (BIT) and the Energy Charter Treaty
- defending an Asian state against potential claims by a multinational consumer product company under two BITs
- defending an Asian state against potential claims by private investors under a Free Trade Agreement
- advising an energy company in relation to potential claims against a Pacific State under an investment contract and a BIT
- acting for a South Asian power producer in related LCIA arbitrations seated in London against a South Asian State-owned entity and a South Asian State under investment contracts concerning a tariff for a hydropower plant and a guarantee
- advising an Asian state on its treaty negotiations and practices, and investment arbitration prevention and management
- acting for a telecommunications conglomerate in an ICSID arbitration against a South Asian State relating to a taxation dispute under a BIT
- representing a global technology conglomerate seeking diplomatic protection under a BIT with State-State dispute settlement in relation to business operations in a South-East Asian State
- advising a leading energy company in relation to potential treaty claims against a South-East Asian State
- advising a South-East Asian oil and gas company in relation to potential claims against an African State
Commercial Arbitration
- acting for a digital finance provider in a HKIAC arbitration seated in Hong Kong concerning the liquidation and ring-fencing of collateral
- defending one of Asia's largest private equity funds in a SIAC arbitration seated in Singapore concerning an aborted Korean M&A transaction
- acting for a Chinese state-owned enterprise in ICC arbitrations seated in Singapore concerning a coal seam gas joint venture in Australia
- acting for a global shipping services provider in a LCIA arbitration seated in London concerning exclusive service obligations in Australia
- defending one of the largest cryptocurrency trading platforms in a HKIAC arbitration seated in Hong Kong concerning a system outage
- defending an Indian multinational pharmaceutical company in a SIAC arbitration seated in Singapore regarding a Japanese joint venture dispute
- defending a global hotel management company in a SIAC arbitration seated in Singapore regarding management of a hotel in South-East Asia
- acting for Chinese private investors in a HKIAC arbitration seated in Hong Kong regarding a Chinese M&A dispute concerning breaches of representations and warranties and earn-out payments
- defending a global energy company in ICC arbitrations seated in Australia relating to the termination of an information technology services contract
- defending a leading global supply chain and logistics business in a HKIAC arbitration seated in Hong Kong regarding disputed distribution agreements
Sectors
Background
Imogen holds a Master of Laws in International Dispute Resolution from the Queen Mary University of London, and Bachelors of Laws and Business from the Queensland University of Technology.
Imogen was admitted in Victoria, Australia in 2018. She has worked in our offices in Melbourne (2019-2026) and Hong Kong (2026-present).
Before joining Herbert Smith Freehills Kramer, Imogen was an Arbitration Associate to a leading international arbitrator.
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