Kristen M. Young
Biography
Overview
Kristen M. Young is a Partner at White & Case LLP and practices with the International Arbitration Group in Washington, DC, where she focuses on international investment treaty and commercial arbitration.
Kristen has been recognized as a Future Leader in Who's Who Legal: Arbitration, as one of the 2020 Emerging Women Leaders in Private Practice by DCA Live, and as a Key Lawyer in International Arbitration by Legal 500. Clients have praised Kristen for her "full command of the facts in the case and legal theories – she has them all at her fingertips."
Kristen advises and represents sovereign States and companies in high-stakes international disputes involving complex issues of law and fact. She has obtained significant victories for her clients, including for Ukraine in Global Trading Resource Corp. and Globex International, Inc. v. Ukraine, the first-ever summary dismissal of an ICSID case under ICSID Rule 41(5). The case was nominated for Arbitration Win of the Year by Global Arbitration Review.
Kristen has experience in arbitrations before all major arbitral fora, including ICSID, the PCA, the LCIA, and the ICC, as well as in ad hoc arbitrations under the UNCITRAL Arbitration Rules. She has served as counsel in cases arising under numerous bilateral investment treaties, the DR-CAFTA, and the ECT. Her experience spans a wide range of industries, including electricity, mining and minerals, construction, oil and gas, textile manufacturing, and consumer and retail services.
Kristen speaks and writes regularly on arbitration and international law-related issues, and served as an Associate Editor of the World Arbitration & Mediation Review from 2014 to 2016. She has been a guest lecturer on international arbitration at the Georgetown University Law Center, the University of Chicago Law School, the University of Richmond School of Law, and the Tashkent State University of Law.
From 2009 to 2011, she was resident in the Firm's Paris office.
At Georgetown University Law Center, Kristen was a Global Law Scholar and a member of the Georgetown Law Journal.
magna cum laude
Experience
Kristen's recent experience includes:
In JSC Mechanical Plant and Others v. The Kyrgyz Republic, representing the claimants in an ICSID Additional Facility arbitration of a dispute arising under the Uzbekistan-Kyrgyzstan bilateral investment treaty and the Kyrgyz Foreign Investment Law concerning the expropriation of their hotel properties;
In Webuild S.p.A. (formerly Salini Impregilo S.p.A.) v. Republic of Panama, representing Webuild in an ICSID arbitration of a dispute arising under the Italy-Panama bilateral investment treaty concerning the Panama Canal expansion project;
In TECO Guatemala Holdings, LLC v. Republic of Guatemala, representing TECO Guatemala Holdings, LLC in an ICSID arbitration of a dispute arising under the DR-CAFTA relating to its investment in an electricity distribution company in which the tribunal held Guatemala liable for breach of its Treaty obligations; successfully represented TECO in ICSID annulment and resubmission proceedings;
In a confidential ICC arbitration, representing the respondents in a construction dispute, in which all claims were dismissed on a preliminary basis;
In Bursel Tekstil and others v. Republic of Uzbekistan, representing the Republic of Uzbekistan in an ICSID arbitration of a dispute arising under the Turkey-Uzbekistan bilateral investment treaty relating to an investment in the textile industry;
In Spentex Netherlands, B.V. v. Republic of Uzbekistan, representing the Republic of Uzbekistan in an ICSID arbitration of a dispute arising under the Netherlands-Uzbekistan bilateral investment treaty relating to an investment in the textile industry in which the claims of the investor were dismissed in their entirety;
In Oxus Gold Plc. v. Republic of Uzbekistan, representing the Republic of Uzbekistan in an UNCITRAL arbitration of a dispute arising under the UK-Uzbekistan bilateral investment treaty relating to two mining projects in which the tribunal dismissed more than 99 percent of the US$ 1.33 billion in damages claimed by the investor;
In Metal-Tech Ltd. v. Republic of Uzbekistan, representing the Republic of Uzbekistan in an ICSID arbitration of a dispute arising under the Israel-Uzbekistan bilateral investment treaty relating to a joint venture engaged in mineral processing in which the claims of the investor were dismissed in their entirety;
In Global Trading Resource Corp. and Globex International, Inc. v. Ukraine, representing Ukraine in an ICSID arbitration of a dispute arising under the US-Ukraine bilateral investment treaty relating to the cross-border sale of goods in which the claims of the investors were dismissed in their entirety under ICSID Arbitration Rule 41(5);
In ICL Europe Coöperatief U.A. v. Federal Democratic Republic Ethiopia, representing ICL Europe Coöperatief U.A. in a PCA arbitration of a dispute arising under the Netherlands-Ethiopia bilateral investment treaty relating to its investment in a potash mine;
In Orascom TMT Investments S.à.r.l. v. People's Democratic Republic of Algeria, representing Orascom TMT Investments S.à r.l. in an ICSID arbitration of a dispute arising under the Belgium/Luxembourg-Algeria bilateral investment treaty relating to its investment in the telecommunications industry;
In Baggerwerken Decloedt En Zoon NV v. Republic of the Philippines, representing the Republic of the Philippines in an ICSID arbitration of a dispute arising under the Belgium/Luxembourg-Philippines bilateral investment treaty relating to dredging projects;
In Karmer Marble Tourism Construction Industry and Commerce LLC v. Georgia, representing Georgia in an ICSID arbitration of a dispute arising under the Georgia-Turkey bilateral investment treaty relating to the construction of a highway and a 49-year concession to operate a hotel and casino;
In Trans-Global Petroleum Inc. v. Hashemite Kingdom of Jordan, representing the Hashemite Kingdom of Jordan in an ICSID arbitration of a dispute arising under the US-Jordan bilateral investment treaty relating to an oil concession contract in which the claims of the investor were released in their entirety in a favorable consent award;
In EDF (Services) Ltd v. Romania, representing Romania in an ICSID arbitration of a dispute arising under the UK-Romania bilateral investment treaty concerning duty-free services at Romanian airports in which the claims of the investor were dismissed in their entirety and Romania obtained a sizable cost award; and
In S&T Oil Equipment and Machinery v. Romania, representing Romania in an ICSID arbitration of a dispute arising under the US-Romania bilateral investment treaty relating to the privatization of several companies, which was discontinued due to the investor's failure to pay its share of the advance on costs.
California Arbitration Week, "Innovative Strategies for Effective Oral Advocacy in Arbitration," March 2023
Georgetown University Law Center, Georgetown Arbitration Month, "Third-Party Funding and Transparency under the 2022 ICSID Amendments," February 2023
Harvard International Arbitration Law Students Association, "What Happens When Investments Are Tainted by Corruption: The Strategy Behind the Metal-Tech Case," January 2023
The Chartered Institute of Arbitrators, "Is it time for investor state mediation?," October 2022
International Law Section of the American Bar Association, "Investor-State Mediation: Here at Last?," September 2022
CAMCA Regional Forum, "Boosting CAMCA's Private Sector Through Investments: How to Seize Opportunities," June 2022
Tel Aviv Young Arbitral Forum, Investment Arbitration in Israel: Challenges and Opportunities, March 2022
Tashkent International Investment Forum, Risks and Entrepreneurship in Developing Countries, March 2022
Université de Lausanne, "The Impact of COVID on International Arbitration Procedure," October 2021
Georgetown University Law Center, Georgetown Arbitration Month, "Back to the Future," February 2020
GAR Live Hong Kong, "International Arbitration in the Era of Tougher Financial Crime Enforcement," October 2019
Prague 9th Investment Treaty Arbitration Conference, "The Perennial Problem of Legitimate Expectations," October 2019
Young ICCA, Skills Training Workshop, "I've Received an Arbitral Award: What's Next?," October 2019&
Kyiv Arbitration Days, "Ethics in Investment Arbitration," September 2019
Columbia Law School, Columbia Arbitration Day, ""What Does it Mean to be Pro Arbitration?," March 2019
Georgetown University Law Center, Georgetown Arbitration Month, "Transparency in Arbitration," February 2019
Georgetown University Law Center, Georgetown Arbitration Month, "Energy Disputes," February 2019&
#YoungITATalks, "International Arbitration in the United States," September 2018
Georgetown University Law Center, "Careers in International Arbitration," October 2016
Georgetown University Law Center, "French Law & Language in International Arbitration," March 2016
"The Impact of COVID on International Arbitration Procedure," Brill Publishers (co-authored with Jennifer Ivers and Katherine Schroeder)
"Compelling and Staying Arbitration in Washington, D.C.," Practical Law Arbitration (co-authored with David Riesenberg and Sadie Gardner)
"From World Duty Free to Metal-Tech: A Review of International Investment Treaty Arbitration Cases Involving Allegations of Corruption, Fraud, and Illegality," ICSID Review Volume 29(2) (co-authored with Carolyn B. Lamm and Brody K. Greenwald)
"A Review of International Investment Treaty Cases Involving Allegations of Corruption and Fraud and Parties from Central and Eastern Europe," Croatian Arbitration Yearbook (co-authored with Carolyn B. Lamm and Brody K. Greenwald)
"The Scope of the Legality Requirement in Relation to Investments: Recent Case Law," Mealey's International Arbitration Report, 4, Vol. 26, April 2011 (co-authored with Michael Polkinghorne and Eugenia Levine)
"Confidentiality in Relation to States," ICC International Court of Arbitration Bulletin (2009 Special Supplement) (co-authored with Abby Cohen Smutny)
"Future Leader: Arbitration" 2022 Who’s Who Legal
Legal 500 US 2022: International Arbitration Key Lawyer
"Future Leader: Arbitration" 2021 Who’s Who Legal
DCA Live: Emerging Women Leaders in Law (Private Practice), 2020
Who's Who Legal: Arbitration - Future Leader (2017 & 2018)