Kirsten Odynski
Biography
Overview
Kirsten Odynski is a partner in White & Case's International Arbitration Practice. She has significant experience in resolving complex disputes, with a focus on the energy and construction sectors. Kirsten has acted as an advisor in commercial and investor-State arbitrations. She has conducted ad hoc arbitrations, as well as arbitrations under most major institutional rules. She also has experience with dispute avoidance / adjudication boards, as well as with claims and contract management.
Kirsten, a Canadian citizen, is qualified to practice in Paris and New York and spent time in the Firm's New York office before moving to Paris. She has served on the ICC's Task Forces for Expedited Procedure Provisions and Resolving Climate Change Related Disputes through Arbitration and ADR and participates in the activities of the World Nuclear Association. She was recognized in Who's Who Legal as a Future Leader in Arbitration and accepts appointments as arbitrator.
Experience
Her recent experience includes:
Representing a State-owned export credit agency in an UNCITRAL arbitration regarding a political risk insurance policy over assets in Africa.
Advising a European-based contractor on issues arising in connection with the construction of one of the largest hydropower projects in Central Asia and involving the FIDIC Silver Book.
Representing a consortium of European-based contractors in a multibillion-dollar dispute over a one-of-a-kind infrastructure project in Latin America and involving the FIDIC Yellow Book.
Advising international oil & gas companies on various issues arising in connection with the construction of LNG facilities in North America and involving an EPC contract.
Representing an Eastern European State in parallel contract and treaty arbitrations relating to a dispute concerning electricity tariffs, as well as in related court proceedings in multiple jurisdictions.
Representing an international oil & gas company in a multibillion-dollar ICC arbitration concerning the construction of an LNG processing facility in Australia and involving an EPC contract.
Representing an Eastern European State in an ICC arbitration regarding a facilities-related construction project.
Advising an 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 a European client in a multibillion-dollar dispute in the nuclear industry involving a first-of-a-kind project.
Serving as an advisor in a series of parallel LCIA arbitrations in the oil and gas industry in Kazakhstan.
Serving as an advisor on an ICC arbitration and related US litigation regarding an oil-related construction project in Latin America.
Serving as an advisor in an ad hoc arbitration, under the English Arbitration Act, regarding recovery for damage to a coal mine under a property damage insurance policy.
Serving as an advisor in an ICSID arbitration defending an Eastern European State against investment claims arising from the energy sector.
Serving as an advisor in an arbitration under the UNCITRAL Arbitration Rules regarding the construction of a highway in Afghanistan and involving the FIDIC Red Book.
"Climate Change Disputes: Current Trends and Business Implications," keynote speaker for the uOttawa alumni association, Paris and London, June 2024
"Climate change and the changing role of arbitration," organized by Compass Lexecon, Paris Arbitration Week, March 2024
"Change of Climate in Commercial and Investment Arbitration," organized by CIArb, Paris, February 2024
"The impact of ESG and sustainability on legal education," IBA Academic Forum, November 2023
"Use of Technology in Dispute settlement," GIAC Arbitration Days, Tbilisi, October 2023
"Financing SMR Development," Nuclear Europe, October 2023
Faculty, Delos Written Advocacy Course, virtual, Fall 2023
"Is arbitration the best dispute resolution procedure for climate change disputes?" YCAP and Young ICCA, Vancouver, June 2023
"How Can Technology Help A Party Win Its Case?," CIArb European Branch (France Chapter) & London Branch Joint Conference on the Impact and Future of Technology in International Arbitration, Paris, February 2023
"ESG on the Board and Across the Board," Paris InfraWeek, October 2022 (with Clare Connellan)
Climate Change Panel, Toronto Commercial Arbitration Society (TCAS) annual conference and AGM, Toronto, May 2022
"Climate Change and Arbitration", XV Congreso Internacional del Club Espanol Del Arbitraje, Madrid, September 2021
"A special regime for climate change disputes?", Paris Arbitration Week, 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
"Charting a new course: proposed expedited dispute resolution procedures for CETA", May 2024 (with Damien Nyer and Andrew de Lotbinière McDougall KC)
"Small modular reactors: The key to decarbonising the industry sector in the European Union?", Power Engineering International, March 2024 (with Andrew de Lotbinière McDougall KC and Ximena Vásquez-Maignan)
"Are small modular reactors the solution to decarbonising the industry sector?", New Civil Engineer, February 2024 (with Andrew de Lotbinière McDougall KC and Ximena Vásquez-Maignan)
"Are small modular reactors (SMRs) the answer to the world's energy trilemma?", Energy, Oil & Gas Magazine, October 2023 (with Andrew de Lotbinière McDougall KC)
"Going Nuclear – managing claims and disputes during the construction of new build NPPs" (with Daniel Garton, Andrew McDougall de Lotbinière KC, Ximena Vásquez-Maignan and Emily Elliott)
"The potential for small modular nuclear reactors", Energy Institute, May 2022 (with Daniel Garton, Richard Hill, Andrew McDougall de Lotbinière KC, Dipen Sabharwal KC and Vit Stehlik)
"Why SMRs will shape the future of nuclear debate", Nuclear Engineering International, October 2021 (with Daniel Garton, Richard Hill, Andrew McDougall de Lotbinière KC, Dipen Sabharwal KC and Vit Stehlik)
Contributing co-editor, "International Arbitration | Chapters", November 2021, The Legal500, 6th Edition (with Michael Polkinghorne)
"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 KC, Daniel Garton, Richard Hill and Dipen Sabharwal KC)
"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 KC 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 KC)
