Kirsten Odynski

Partner, Paris

Biography

Overview

Kirsten Odynski is a partner in White & Case's International Arbitration Practice, based in the Paris office. Kirsten has experience in commercial and investment treaty arbitration across a number of sectors, including in the energy and construction industries. She has acted as an adviser in ad hoc and institutional arbitrations under most major institutional rules.

Kirsten transferred to the Paris office in 2012 after having spent her first three years with the firm in the New York office. She has been active in White & Case's pro bono work in the area of public international law and legal education service programs, including White & Case's global sponsorship of the Philip C. Jessup International Moot Court Competition. Kirsten has also served on the ICC Task Force for Resolving Climate Change Related Disputes through Arbitration and ADR. She was also recognized in Who's Who Legal 2020 as a Future Leader in Arbitration.

Bars and Courts
Paris Bar
US District Court for the Southern District of New York
New York State Bar
Education
LLB
University of Ottawa
BA (Hons)
University of Alberta
Languages
English

Experience

Advising a Asian company on issues arising in connection with commercial agreements in the aviation sector

Representing an Eastern European State in an arbitration brought under the UNCITRAL Arbitration Rules relating to a dispute over the regulation of gas tariffs

Representing the government of Georgia in Gardabani Holdings B.V. and Silk Road Holdings B.V v. Georgia, a pending ICSID arbitration under the Netherlands-Georgia BIT relating to the regulation of electricity tariffs

A series of parallel LCIA arbitrations in the oil and gas industry in Kazakhstan

Representing joint venture company Grupo Unidos por el Canal, S.A. in a dispute with the Panama Canal Authority including in respect of a number of Dispute Adjudication Board proceedings and ICC Arbitrations

Representing an electrical utility and purchaser of a nuclear power plant, in multiple disputes with a supplier that are the subject of an ongoing € multi-billion ICC arbitration

ICC arbitration and related US litigation regarding an oil-related construction project in Latin America

Ad hoc arbitration, under the English Arbitration Act, regarding recovery for damage to a coal mine under a property damage insurance policy

ICSID arbitration defending the Government of Georgia against investment claims arising from energy sector (Itera v. Georgia)

Ad hoc arbitration, under the UNCITRAL Arbitration Rules, regarding the construction of a highway in Afghanistan and involving the FIDIC Redbook 1994

Speaking Engagements

"A special regime for climate change disputes?", Paris Arbitration Week, 7 July 2020 (with Elizabeth Oger-Gross)

"Where "Time is of the Essence" – time related requirements during procurement and contract implementation", India Nuclear Power Conference, Mumbai, November 2019 (with Richard Hill)

"Enforcement of DAB decisions and Arbitral Awards in CIS countries and Caucasus region", International Construction Contracts & Dispute Resolution, Tbilisi, September 2018

"Representing Claimants: Pre-Arbitration Matters", Africa International Legal Awareness (AILA) Advanced Training: Managing an Investment Treaty Arbitration, London, September 2017

"Cross-Examination of Witness in International Arbitration", Young ICCA workshop, Paris, September 2017

"Yukos and More: Recent Developments in the Enforcement of Awards", ICC Canada International Arbitration Conference, Toronto, October 2016

"Enforcement of Arbitral Awards: Notion of Public Policy", Tbilisi International Arbitration Conference, Tbilisi, March 2014

Publications

"Hardship and Climate Change", Energy, Oil & Gas, Summer 2020  (with Elizabeth Oger-Gross and Marièle Coulet-Diaz)

"Hardship and climate change: How to draw-up climate-resilient contracts", Business Green, 4 May 2020 (with Elizabeth Oger-Gross and Marièle Coulet-Diaz)

"Why Managing Dispute Risks in NPP Projects is Important", Lexis Nexis Energy Law Report, February 2020 (with Andrew de Lotbinière McDougall, Daniel Garton, Richard Hill and Dipen Sabharwal QC)

"Rethinking hardship clauses in times of changing climate", Environmental Law & Management, January 2020 (with Elizabeth Oger-Gross and Marièle Coulet-Diaz)

"Article 14: Failure or Impossibility to Act", UNCITRAL Model Law on International Commercial Arbitration, January 2020 (with Michael Polkinghorne, Marièle Coulet-Diaz and Zehaan Trivedi)

Adapting to the Times, International Arbitration Law Review, issue 4, 2017 (with Dipen Sabharwal and Anne Véronique Schlaepfer)

The "Business Case" For and Against International Arbitration, International Energy and Minerals Arbitration, Paper 11, Rocky Mt. Min. L. Fdn., September 2013 (with Andrew de Lotbinière McDougall)