Litigation & Arbitration
Litigation & Arbitration
Roger Kennell is an associate in Brown Rudnick’s London office. He practices in the areas of international commercial litigation and arbitration, and has acted for individuals and companies in a variety of business disputes, frequently with a link to the Middle East and North Africa. He is currently acting in a large ICC arbitration as well as proceedings before the DIFC court in Dubai. Roger has experience of a variety of disputes, both in litigation and arbitration, and in various commercial sectors. He also has particular experience of, and interest in, jurisdictional and enforcement issues.
Roger was called to the English bar in 2004. Prior to joining Brown Rudnick, he spent three years at the Commercial/Shipping Bar in London (tenant at Stone Chambers 2006-2008, pupil at 7 King’s Bench Walk 2004-2005) before joining Gide Loyrette Nouel as an associate in London, where he spent four years before joining Brown Rudnick in January 2012. Roger was granted full rights of advocacy before the Dubai International Financial Centre Courts in February 2013 and is a Member of the Chartered Institute of Arbitrators.
Roger speaks English, French and German.
- Currently acting in a large ICC arbitration relating to television rights in the Middle East worth over $1.3 billion.
- Currently acting for a major Dubai financial institution in proceedings before the Court of First Instance of the Dubai International Financial Centre (DIFC): Taaleem v (1) NBC and (2) Deyaar, CFI 014/2010. The claim concerns an AED 1.64 billion property development and the effects of the global economic crisis on the Dubai property market.
- Currently acting for Jordanian and Saudi Arabian investors in an Algerian shipping joint venture. There are current arbitrations underway in Paris (ICC, Algerian law) and London (LMAA, English law).
- Acted for three members of the Khoury family in part of the long-running Masri litigation in respect of a jurisdictional challenge to Mr. Masri's claim against them in conspiracy: Masri v CCIC & Ors  EWHC 1780 (Comm). Also involved in relation to the Bermudan receivership proceedings (Supreme Court of Bermuda Commercial List 2008 No. 142).
- Acted for a noteholder on a claim under a guarantee governed by English law issued by an Indonesian company which had undergone a restructuring in Indonesia. The case involved consideration of whether the Indonesian restructuring discharged the guarantor from liability: Global Distressed Alpha Fund I Limited Partnership v PT Bakrie Investindo  EWHC 256 (Comm). See also the casenote co-authored by Roger in Insol below.
- Acted for an investor in the Madoff feeder funds in proceedings relating to one of Bernard Madoff's yachts, the Bull, and successfully challenged the jurisdiction of the English courts over a claim by the liquidators of the UK Madoff entity to ownership of the yacht: Byers & Ors v (1) Yacht Bull Corporation (2) Finance Meeschaert SA  EWHC 133 Ch.
- Acted for an Egyptian company seeking to enforce an ICC arbitration award against the Republic of Chad in respect of moneys in London bank accounts. This case involved consideration of the commercial purposes exception to a state’s immunity from execution, as well as whether article 28(6) of the 1998 ICC Rules (namely the undertaking to execute an arbitration award) constituted a waiver of immunity from execution: Orascom Telecom Holding SAE v Republic of Chad & Ors  2 Lloyd's Rep 396 (see also the casenote co-authored by Roger in the February 2010 volume of Arbitration, the journal of the CIArb).
- Kensington International v Montrow and Others (BVI, Jersey, France, Congo-Brazzaville): Defending African oil resources against attack by vulture funds in common law and civil law jurisdictions, removing a provisional liquidator, and successfully dismissing all claims and allegations of fraud.
- Acted in various LCIA arbitrations relating to contracts for the purchase of steel.
- Produced expert report to the United States District Court for the Southern District of West Virginia Court on the applicability of an arbitration clause to the claims brought against the defendant in response to a motion to compel arbitration of those claims: Felman Production Inc. & Ors. v Boris Bannai & Ors 476 Fed. Suppl. 2nd (S.D. W.Va 2007) 585.
- Produced expert report to the Ghent Court of Appeal in Belgium on the effect of a contractual lien purporting to entitle the carrier to hold trailers belonging to a third party, who had leased the trailers to the shipper: Dart Line v ICTS.
- “The State Immunity Act 1978 and Article 28(6) of the ICC Rules: a Missed Opportunity” (2010) 76 Arbitration 181 (journal of the Chartered Institute of Arbitrators)
- “Distressed debt in restructured entities: a second bite at the cherry”(a note on the Bakrie decision referred to above) in Eurofenix (Journal of Insol Europe) Summer 2012 (with Patrick Elliot)
- “Roving receivers: Masri and the extra-territorial adventures of the English High Court” Global reference Guide: Litigation & Dispute Resolution (with Nicholas Tse) 2012
- “Vulture Funds Take Note” (a note on the decision of the Privy Council in Gécamines v FG Hemisphere Associates  UKPC 27)
- Chartered Institute of Arbitrators (MCIArb)
- London Court of International Arbitration (LCIA), Young International Arbitration Group (YIAG)
- British Insurance Law Association (BILA)
- London Maritime Arbitrators Association (supporting member)
- Called to the Bar of England and Wales (2004)
- Registered Legal Practitioner (Part II) before the DIFC Courts