Imogen Kenny
Imogen is a Senior Associate specialising in international arbitration and international law.
Imogen regularly acts as counsel in commercial and investment treaty arbitration matters, and has a growing advocacy practice. She also advises clients on private and public international law issues.
Imogen has significant experience in arbitration involving a range of institutional rules, seats and governing laws. She has acted in arbitrations under the ICSID, ICC, SIAC, HKIAC, UNCITRAL and LCIA rules, and seated in Australia, Hong Kong, Singapore, and London. She has also worked on disputes with applicable laws of Singapore, Hong Kong, Japan, Korea, China, Pakistan, Thailand, Australia, England, and customary international law.
Imogen frequently advises both private and State clients on a range of public and private international law issues pre- and post-dispute. Pre-dispute, Imogen advises on issues such as the selection of forum and applicable laws in cross-border transactions, sovereign immunity issues, and investment treaty structuring. Post-dispute, Imogen advises on matters such as the appropriate forum, the enforcement of foreign arbitral awards and judgments, and potential claims for breaches of treaties, free-trade agreements, and investment contracts.
Imogen assists clients in a wide range of sectors, with a particular focus on energy, TMT, mining, and private capital sectors. She also regularly speaks and writes on international arbitration and international law issues.
Experience & capabilities
Selected matters
Investor-State Arbitration
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acting for a multinational energy company in parallel arbitrations against a European state concerning multi-billion dollar claims under a Bilateral Investment Treaty and the Energy Charter Treaty
- defending an Asian state against potential claims by private investors under a Free Trade Agreement
- 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 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 Bilateral Investment Treaty
- representing a global technology conglomerate seeking diplomatic aide under a treaty with State-State dispute settlement in relation to business operations in a South-East Asian State
Commercial Arbitration
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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
- 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 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. She is admitted in Victoria, Australia.
Before joining Herbert Smith Freehills, Imogen was an Arbitration Associate to a leading international arbitrator.
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