Biography

Roger Kennell is a partner in Brown Rudnick’s London office. He practices as an advocate in the areas of international commercial litigation and arbitration.

He has acted for individuals and companies in a variety of business disputes, both in litigation and arbitration and frequently with a link to the Middle East and North Africa. As well as proceedings before the English High Court, Roger has experience of proceedings in many other jurisdictions, including Dubai, Qatar, Bermuda, Cayman Islands, BVI and Jersey, and of arbitration under various rules, including ICC, LCIA, DIFC-LCIA, LMAA and UNCITRAL. He has particular experience of, and interest in, jurisdictional and enforcement issues, both in relation to litigation and arbitration.

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 before joining Gide Loyrette Nouel in London, where he spent four years before joining Brown Rudnick in 2012. Roger was granted full rights of advocacy before the Dubai International Financial Centre (DIFC) Courts in 2013 and is a Member of the Chartered Institute of Arbitrators. Roger speaks English, French and German and also spends a significant amount of his time in Brown Rudnick’s Paris office.

Representation

Current matters:

Taaleem v National Bonds Corporation & Deyaar Development, Dubai International Financial Centre (DIFC), Court of First Instance & Court of Appeal, Case No. CFI 014/2010 and CA 010/2015: currently acting for a major Dubai financial institution in proceedings before the DIFC Courts. The claim concerns liability for the repayment of money lent to finance the purchase of a 33% share in an AED 1.64 billion property development. Judgment for AED 227m was obtained for the client in March 2015 and an appeal is due to be heard in May 2016.

Bermuda form arbitrations: currently acting for the insured in 3 related arbitrations seated in London arising under policies issued on the Bermuda form.

Recent and past matters:

ICC arbitration: acted in a large arbitration relating to television rights in the Middle East worth over $1.8 billion (ICC, Paris, French law).

Shipping dispute: acting for Jordanian and Saudi Arabian investors in an Algerian shipping joint venture in relation to arbitrations in Paris (ICC, Paris seat, Algerian law) and London (LMAA, London seat, English law) as well as enforcement proceedings in Malaysia.

Somasteel v Coresteel [2015] EWHC 1234 (Comm): successfully acted for a Moroccan steel company in relation to a claim before the English Commercial Court for non-delivery of cargo in 2010.

Chedid & Associates Qatar LLC v Ayash, Qatar Financial Centre (QFC), First Instance & Appellate Circuits, Case No. 2/2013: successfully defended a former employee of a QFC-licensed insurance broker against a claim for breach of restrictive covenants. The claimant’s appeal was heard in April 2015 and dismissed.

Argentina: advised in relation to the NML v Argentina litigation before the New York and the related proceedings before the English courts in Knighthead v The Bank of New York Mellon.

Ecclestone v Khyami [2014] EWHC 29 (QB): acted for the successful party in relation to a dispute over the ownership of a rare Lamborghini Aventador over which the billionaire heiress Tamara Ecclestone at one point asserted ownership.

Masri v CCIC [2011] EWHC 1780 (Comm): successfully acted for three members of the Khoury family in part of the long-running Masri litigation in respect of Mr. Masri’s claim against them in conspiracy and succeeded in obtaining a stay of that claim under article 28 of the Brussels Regulation.

Global Distressed Alpha Fund v PT Bakrie Investindo [2011] EWHC 256 (Comm), [2011] 2 All ER (Comm) 382, [2011] 2 BCLC 275: successfully 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.

Byers & Ors v Yacht Bull Corporation [2010] EWHC 133 Ch: 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.

Orascom Telecom v Republic of Chad [2009] 1 All ER (Comm) 315, [2008] 2 Lloyd’s Rep 396: successfully acted for an Egyptian company which sought 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).

Tamil Nadu Electricity Board v ST-CMS Private Electricity Company Ltd [2007] EWHC 1713 (Comm), [2008] 1 Lloyd’s Rep 93, [2007] 2 All ER 701: acted for the applicant seeking an injunction to restrain ICC proceedings from being pursued in Paris in relation to a dispute arising out of the supply of energy and capacity from the Neyveli thermal power plant.

Below are some of the arbitration matters on which Roger has been involved:

Acted for a Middle Eastern broadcaster in a arbitration arising out of a sale and purchase agreement (DIFC-LCIA, DIFC seat, English law).

Advised in relation to ICSID/UNCITRAL arbitrations arising out of the interrupted supply of gas from Egypt.

Acted for a Philippine company in relation to a dispute arising out of a securities subscription agreement (UNCITRAL arbitration, New York seat, Philippine law).

Acted in various LCIA arbitrations relating to contracts for the purchase of steel (LCIA, London seat, English law).

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 & Others 476 Fed. Suppl. 2nd (S.D. W.Va 2007) 585. That report was accepted by the court.

Education

Inns of Court School of Law – Bar Vocational Course, 2004
University of Konstanz, Germany – LL.M., 2003
Worcester College, Oxford University – B.A., Hons. (First Class), Law with German Law, 2002 (M.A. 2006)

Bar Admissions

Called to the Bar of England and Wales (2004)
Registered Legal Practitioner (Part II) before the DIFC Courts (2013)

Languages

French
German
Publications
Professional Affiliations