Jennifer Kirby
Jennifer is an international arbitrator based in Paris and New York with over 20 years of experience in international dispute resolution.
Experience
Before becoming a full-time arbitrator, Jennifer was the head of her own boutique arbitration practice — Kirby — where she both represented clients and served as arbitrator for over a decade. She founded her own practice after being a partner at Herbert Smith in its international arbitration group, which she joined after leaving her position as Deputy Secretary General of the ICC International Court of Arbitration. Before moving to Paris to work for the ICC, Jennifer was an associate at Simpson Thacher & Bartlett in New York, where she represented clients in both international arbitrations and complex commercial litigations, with a particular focus on securities, insurance, mergers and acquisitions and white-collar criminal cases.
Work History
International Arbitrator (2024 to present) • Founder, Kirby (2010-2023) • Partner, Herbert Smith (2008-2010) • Deputy Secretary General, ICC International Court of Arbitration (2005-2007) • Counsel, ICC International Court of Arbitration (2002-2005) • Associate, Simpson Thacher & Bartlett (1998-2001) • Associate, Proskauer (1995-1998)
Cases
Jennifer sits as arbitrator in international commercial cases around the world under the rules of all major arbitral institutions and in sports matters for the Court of Arbitration for Sport in Lausanne, Switzerland.
License(s)
New York Bar
Education
Jennifer studied History at Cambridge and Columbia Universities, and obtained her law degree at the University of Virginia School of Law.
Publications
International Arbitration and Artificial Intelligence: Ideas to Improve the Written Phase of Arbitral Proceedings (2023) • In International Arbitration, There Are No Tribes (2022) • Evolution and the Discoverability of In-House Counsel Communications (2018) • How Far Should an Arbitrator Go to Get It Right?, The Powers and Duties of an Arbitrator, Liber Amicorum Pierre A. Karrer (2017) • Efficiency in International Arbitration: Whose Duty Is It?, J. Int’l Arb. (2015) • Abu Dhabi Inv. Auth. v. Citigroup, Inc.: How the Southern District Approaches Motions to Vacate International Arbitral Awards, Int’l J. Arab Arb. (2014) • What Is an Award, Anyway?, J. Int’l Arb. (2014) • Finality and Arbitral Rules: Saying an Award Is Final Does Not Necessarily Make It So, J. Int’l Arb. (2012) • Witness Preparation: Memory and Storytelling, J. Int’l Arb. (2011) • T.Co Metals LLC v. Dempsey Pipe & Supply, Inc.: Are There Really No Limits on What an Arbitrator Can Do in Correcting an Award?, J. Int’l Arb. (2010) • A View from Paris, Mealey’s Int’l Arb. R. (2009/2010) (co-authored with Denis Bensaude) • Insigma Technology Co. Ltd v. Alstom Technology Ltd: SIAC Can Administer Cases under the ICC Rules!?!, Arb. Int’l (2009) • With Arbitrators, Less Can Be More: Why the Conventional Wisdom on the Benefits of Having Three Arbitrators May Be Overrated, J. Int’l Arb. (2009) • Sourcing Unlimited, Inc. v. Asimco Int’l, Inc.: Appellate Jurisdiction and Equitable Estoppel, J. Int’l Arb. (2009) • The ICC Court: A Behind the Scenes Look, ICC Bull. (2005)
Awards
While at the ICC, Global Arbitration Review named Jennifer one of the 45 top arbitration lawyers under the age of 45. Since then, Jennifer has been recognized by Chambers Global as “a true expert in ICC-related disputes” and by The Who’s Who of International Arbitration as a “very sharp” global player in the field.
Panels
American Arbitration Association (AAA) • Arbitration Institute of the Stockholm Chamber of Commerce (SCC) • Cairo Regional Centre for International Commercial Arbitration (CRCICA) • Court of Arbitration for Sport (CAS) • Dubai International Arbitration Centre (DIAC) • Hong Kong International Arbitration Centre (HKIAC) • International Centre for Dispute Resolution (ICDR) • International Court of Arbitration of the International Chamber of Commerce (ICC) • London Court of International Arbitration (LCIA) • Singapore International Arbitration Centre (SIAC) • Swiss Chambers of Commerce
Associations
American Law Institute Member • Chartered Institute of Arbitrators Fellow • College of Commercial Arbitrators Fellow • Saudi Center for Commercial Arbitration Court Member • Swedish Arbitration Association Member • Swiss Arbitration Association Member
Miscellaneous
Jennifer is a citizen of the United States and the United Kingdom. She works out of both Paris and New York, depending on which is most cost-effective for the parties.