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Representative Matters

  • Arbitrator in a pending investment agreement dispute, Carnegie Minerals (Gambia) Limited v. Republic of the Gambia (appointed by ICSID Secretary-General). 
  • Chair in an ICDR dispute involving a consulting agreement related to development of mines in South America.
  • Chair in an ICDR dispute involving a merger and share exchange agreement related to investments in China.

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Recognition
  • Washington, DC Super Lawyers 2013 for International Arbitration

  • Chambers Global: The World's Leading Lawyers for Business 2013 for International Arbitration: USA

  • Chambers USA: America's Leading Lawyers for Business: Ranked for International Arbitration in 2007-2012; described in the 2012 edition as “considered outstanding by market sources,” with “particular expertise in ICSID arbitrations” in a “prominent practice [that] spans representation of both sovereign states and investors,” in the 2011 edition as “a thorough, meticulous and highly motivated arbitrator” and in the 2008 edition as "an incredible investigator and researcher who is gifted at identifying key issues" and "knows how to use legal analysis to structure the best argument possible"

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Education
  • JD, magna cum laude, Harvard Law School, 1989
  • Editor, Harvard Law Review, Harvard Law School, 1987-1989
  • BA, summa cum laude, Harvard College, 1986

Admissions
  • District of Columbia
  • New York
  • Supreme Court of the United States

Publications, Presentations, and Multimedia
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Professional and Community Activities
  • Adjunct Professor of Law, Georgetown University Law Center (Litigation Practice in International Arbitration), 2005–present

  • Adjunct Professor/Faculty Expert, American University Washington College of Law, Summer Program on International Arbitration (Investment Treaty Arbitration), 2006–present

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Washington, DC
tel: +1 202.942.6155
fax: +1 202.942.5999
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Partner
Practice Focus

International Arbitration

Jean Kalicki is a partner at Arnold & Porter LLP focusing on international arbitration as both arbitrator and counsel. As arbitrator she has served as chair, sole arbitrator, and co-arbitrator in a wide variety of disputes before the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR). As counsel, she has represented investors and states in roughly equal numbers under bilateral investment treaties, NAFTA and the Energy Charter Treaty, and in commercial cases has represented clients (including the United Nations) in cases involving five continents. 

Ms. Kalicki is a member of the AAA Board of Directors, the ICC Commission on Arbitration, and the Chartered Institute of Arbitrators. She is the long-time co-chair of the DC Bar's International Dispute Resolution Committee and a member of the Executive Committee of the Institute for Transnational Arbitration. She teaches as an adjunct professor at Georgetown University Law Center and American University Washington College of Law.

Ms. Kalicki has been widely recognized for her leadership in the field. Selected as one of the "Best Lawyers in America" for international arbitration (2010-2012) and as one of Global Arbitration Review's top 30 women in arbitration worldwide (2007), she "is considered outstanding by market sources" (Chambers USA, 2012) and has been described as "a thorough, meticulous and highly motivated arbitrator" (Chambers USA, 2011), as "simply superb" (The Legal 500, 2008), and as "an incredible investigator and researcher who is gifted at identifying key issues" and "knows how to use legal analysis to structure the best argument possible" (Chambers USA, 2008).  She is also repeatedly listed in Euromoney's Guide to the World's Leading Lawyers and International Who's Who of Business Lawyers.

Ms. Kalicki was associated from 1991-1998 with Cleary, Gottlieb, Steen & Hamilton. She is a summa cum laude graduate of Harvard College and a magna cum laude graduate of Harvard Law School, where she served as an editor of the Harvard Law Review.

International Arbitration Representative Matters

As Arbitrator (see sidebar for further information):

  • Arbitrator in a pending investment agreement dispute at ICSID, Carnegie Minerals (Gambia) Limited v. Republic of the Gambia (appointed by ISCID Secretary-General).
  • Chair in ICDR, AAA and CPR disputes involving mine development in South America, merger agreements in Asia, and aviation equipment sales and power plant operations in the United States.
  • Sole arbitrator in ICDR, AAA, and CPR disputes involving energy, telecommunications, biotechnology, agriculture, franchise, construction, procurement, service and political risk insurance agreements in North America, Europe, Central Asia, Latin America, and the Caribbean.
  • Co-arbitrator in ICC, ICDR, and AAA disputes involving banking and financial services, securities, energy, commodity trading, technology licensing, sales, and security contracts in North America, Asia, the Middle East, and Europe.

As Counsel in Investment Treaty Cases (see sidebar for further information):

Has represented investors and sovereign states in roughly equal numbers, including:

  • The Republic of Korea in an investment dispute involving the Lone Star Funds, with respect to certain bank regulation and tax matters.
  • The Republic of Hungary in five separate ICSID cases involving the telecommunications and electricity sectors, brought (respectively) by investors Telenor Mobile Communications A.S.; Electrabel S.A.;AES Summit Generation Limited; Emmis International Holding; and Accession Mezzanine Capital.
  • US investors AbitibiBowater, Inc. and Mercer International Inc. in two separate NAFTA proceedings against the Government of Canada, related to pulp mill investments in (respectively) Newfoundland and Labrador and British Columbia.
  • The Republics of Panama and El Salvador in two separate ICSID proceedings involving energy and infrastructure development, brought (respectively) by investors Nations Energy Co. and Inceysa Vallisoletana S.L.
  • French, Greek and Austrian investors (Electricite de France, Club Hotel Loutraki S.A. and Casinos Austria International Holding GmbH) in two separate ICSID cases against the Governments of Argentina and Serbia, relating (respectively) to electricity distribution and casino operations.
  • The Republics of Chile and Hungary and private Italian and Chilean investors in four separate ICSID annulment proceedings, involving original arbitration proceedings (respectively) against Pey Casado, AES Summit Generation Limited, the United Arab Emirates, and the Republic of Peru.
Representative Matters

As Arbitrator:

  • Arbitrator in a pending investment agreement dispute, Carnegie Minerals (Gambia) Limited v. Republic of the Gambia (appointed by ICSID Secretary-General). 
  • Chair in an ICDR dispute involving a consulting agreement related to development of mines in South America.
  • Chair in an ICDR dispute involving a merger and share exchange agreement related to investments in China.
  • Chair in an AAA dispute involving aircraft equipment sales in the United States.
  • Chair in a CPR arbitration involving operation of a coal-fired power plant in the United States.
  • Sole arbitrator in an AAA dispute involving procurement agreements for agricultural commodities.
  • Sole arbitrator in an ICDR dispute involving service issues in relation to a telecommunications interconnection agreement.
  • Sole arbitrator in a CPR arbitration involving a merger agreement related to international development and marketing of genomics technology.
  • Arbitrator in an AAA dispute involving production and sale of large-scale renewable energy equipment.
  • Arbitrator in an ICC dispute involving a property sale agreement in Asia.
  • Arbitrator in an ICDR dispute related to securities investments managed by a US bank on behalf of a Latin American investor.
  • Arbitrator in an AAA dispute involving sales commissions related to jewelry and diamond trading.
  • Arbitrator in an ICDR dispute related to the deaths of security contractors in Fallujah, Iraq.
  • Sole arbitrator in an ICDR dispute related to political risk insurance and alleged expropriation of banking investments in the Caucasus region of Eurasia.
  • Arbitrator in an AAA dispute involving alleged breach of a technology license agreement.
  • Arbitrator in an ICDR dispute related to financing and financial advisory services for a company involved in oil and gas exploration and production services in central Asia/the Caspian region.
  • Sole arbitrator in several AAA disputes related to franchise agreements in the hospitality industry.
  • Sole arbitrator in an ICDR dispute related to the production and supply of solar energy equipment from China for use in Europe, the USA, and Canada.
  • Sole arbitrator in a AAA dispute related to construction of residential property in the United States.
  • Sole arbitrator in a AAA dispute related to alleged breach of a contract for event planning services.
  • Chair and arbitrator in several National Association of Securities Dealers (NASD) disputes related to securities investments in the United States.
  • Member of the Chartered Institute of Arbitrators.
  • Listed on the AAA's National Roster of Arbitrators and Mediators (International Panel, Large Complex Case Panel and Commercial Panel).
  • Listed in the USCIB (ICC International Court of Arbitration National Committee for the United States) Arbitrator/Mediator/Expert database.
  • Listed on the International Institute for Conflict Prevention & Resolution (CPR) Roster of Distinguished Neutrals (National Panel; International Panel; Energy, Oil and Gas Panel; Banking, Accounting and Financial Services Panel; Health Care Panel; and Washington, DC ADR Panel).


As Counsel in Investment Treaty Arbitration

  • Represents the Republic of Korea with respect to an investment dispute involving entities affiliated with the Lone Star Funds, related to certain bank regulation and tax matters.
  • Represents the Republic of Hungary in Emmis International Holding et al. v. Republic of Hungary and Accession Mezzanine Capital et al. v. Republic of Hungary, two separate investment treaty disputes at ICSID relating to tenders for radio communications licenses.
  • Represents a US investor (Mercer International Inc.) in a NAFTA arbitration against the government of Canada, relating to regulation of pulp mill investments in British Columbia.
  • Represents the Republic of Hungary in Electrabel S.A.v. Republic of Hungary, an Energy Charter Treaty dispute at ICSID arising from the restructuring of Hungary's electric power sector in the wake of its accession to the European Union. The case, in which the European Commission intervened as amicus, involves cutting-edge issues regarding the interaction of the Energy Charter Treaty and the EC Treaty's provisions regarding competition. 
  • Represented a French investor in Electricite de France (EDF) International S.A. v. Argentina, involving successful claims at ICSID dispute relating to an investment in the electricity distribution sector in the Province of Mendoza.
  • Represented the Republic of Hungary in the successful defense of a US$30 million claim in AES Summit Generation Ltd. v.Republic of Hungary, involving a challenge to the temporary reintroduction of price regulation for generators' sales of public utility electricity, in response to the European Commission's calls to minimize above-market pricing under long-term power purchase agreements, and in the successful defense of annulment proceedings related to this case.
  • Represented a U.S. investor in AbitibiBowater, Inc. v. Government of Canada, a NAFTA arbitration relating to direct expropriation of assets in the Province of Newfoundland and Labrador. Canada settled the claims for CDN$130 million.
  • Represents the Republic of Chile in ICSID annulment proceedings in Pey Casado v. Republic of Chile, related to alleged denial of justice and discrimination in connection with Chilean administrative proceedings related to compensation for a 1970s-era expropriation.
  • Represented Greek and Austrian investors in Club Hotel Loutraki S.A. and Casinos Austria International Holding GmbH v. Republic of Serbia, an ICSID arbitration involving a license agreement for casino operations in Belgrade.
  • Represented the Republic of Panamá in the successful defense of ICSID claims in Nations Energy Co. v. Republic of Panama, a case involving the transferability of certain Panamanian tax credits for investment. .
  • Represented an Italian investor in Hussein Nuaman Soufraki v. United Arab Emirates, an ICSID annulment proceeding arising out of port redevelopment in the United Arab Emirates, in a case involving determination of investor nationality under international law.
  • Represented the Republic of Hungary, and obtained a complete dismissal of claims plus an award of full fees and costs, in Telenor Mobile Communications A.S. v. Republic of Hungary, an ICSID dispute involving telecommunications regulations during Hungary's transition to EU membership.
  • Represented a Chilean investor in Industria Nacional de Alimentos S.A. (Empresas Lucchetti S.A.) v. Republic of Peru, an ICSID annulment proceeding involving application of an investment treaty to the revocation of a factory operating license in Peru.
  • Represented the Republic of El Salvador, and obtained a complete dismissal of claims plus an award of costs, in Inceysa Vallisoletana S.L.v. Republic of El Salvador, an ICSID arbitration involving a State contract for motor vehicle inspection services


As Counsel in Commercial Arbitration:

  • Represented a US manufacturer of sophisticated scientific equipment, in an ICC arbitration against its former French distributor.
  • Represented a Saudi Arabian glass manufacturer in two ICC arbitrations in London under English law, arising out of contracts with a Swiss engineering company for the delivery of turnkey manufacturing facilities to Saudi Arabia and the United Arab Emirates.
  • Represented a major international telecommunications company in an ICC arbitration in London, under Russian law, arising out of a failed contract to supply customized software and equipment to a Russian company.
  • Represented a French pharmaceutical company in an ad hoc arbitration against a major US pharmaceutical company regarding their respective rights to a blockbuster new product under prior licensing agreements.
  • At prior law firm, represented Russia's largest fishing fleet in an ICDR arbitration against its Canadian joint venture partner.
  • At prior law firm, represented a US oil refining company in a contemplated arbitration against its joint venture partner, a government in the Middle East.
  • At prior law firm, represented the United Nations in an ICDR arbitration brought by the German supplier of peacekeeping troops in Bosnia and Mozambique.
  • At prior law firm, represented a Brazilian mining company in an ICC arbitration brought by its Japanese joint venture partners.
  • At prior law firm, represented a US commodities trading company in an ICDR arbitration against the Chinese Ministry of Minerals and Metals.


Transnational Litigation Experience:

  • Represented a sovereign state and various government agencies and officials in numerous cases in U.S. federal court, alleging violation of the Alien Tort Statute and Torture Victims Protection Act in connection with official government actions overseas. Obtained dismissal of all claims under the Foreign Sovereign Immunities Act and other doctrines (Act of State, political question, etc.)
  • Represented a major Saudi company and various of its principals in the successful defense of MDL litigation proceedings involving alleged financing of terrorist activities.
  • Represented a global government services provider in successful defense of attempted enforcement of a foreign arbitration award, rendered in Kenya in connection with contracting activities in the Sudan.
  • Represented and advised numerous other clients on issues such as foreign sovereign immunity; international service of process; jurisdiction; transnational discovery; enforcement of judgments and awards; extraterritorial application of US law; and claims arising out of federal statutes addressing overseas activities and conduct.


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Rankings

Washington, DC Super Lawyers 2013 for International Arbitration

Chambers Global: The World's Leading Lawyers for Business 2013 for International Arbitration: USA

Chambers USA: America's Leading Lawyers for Business: Ranked for International Arbitration in 2007-2012; described in the 2012 edition as “considered outstanding by market sources,” with “particular expertise in ICSID arbitrations” in a “prominent practice [that] spans representation of both sovereign states and investors,” in the 2011 edition as “a thorough, meticulous and highly motivated arbitrator” and in the 2008 edition as "an incredible investigator and researcher who is gifted at identifying key issues" and "knows how to use legal analysis to structure the best argument possible"

Women in Litigation "Top 250" 2012

Selected as one of The Best Lawyers in America for International Arbitration in 2010-2012

Euromoney's Guide to the World's Leading Lawyers: included as an Expert in Commercial Arbitration in 2009-2012

The Legal 500 US: Recommended for International Arbitration in 2007-2008 and 2010-2012 and described in the 2008 edition as “simply superb”

International Who's Who of Commercial Arbitration: Ranked annually in 2007-2012

Euromoney's Guide to Women in Business Law 2010: included as an Expert in Commercial Arbitration

Global Arbitration Review, listed as one of the top 30 "Women in Arbitration" worldwide in 2007

Global Arbitration Review "100 Names to Know" 2010

Professional and Community Activities

Professional Activity

  • Adjunct Professor of Law, Georgetown University Law Center (Litigation Practice in International Arbitration), 2005–present

  • Adjunct Professor/Faculty Expert, American University Washington College of Law, Summer Program on International Arbitration (Investment Treaty Arbitration), 2006–present

  • Chair/Co-Chair, District of Columbia Bar International Dispute Resolution Committee, 2001-present.

  • Member, Board of Directors, American Arbitration Association, 2010-present

  • Member, ICC Commission on Arbitration; ICC Task Force on Reducing Time and Costs in Complex Arbitration; ICC Task Force on National Rules of Procedure for Recognition and Enforcement of Foreign Arbitral Awards

  • Chair, US Council for International Business, Arbitration Subcommittee for Washington, DC

  • Executive Committee Member, Institute for Transnational Arbitration, and Co-Chair, 2010 ITA Workshop

  • Member, Chartered Institute of Arbitrators

  • Member, International Council for Commercial Arbitration

  • Member, ADR Advisory Board, International Law Institute

  • Featured contributor, Kluwer Arbitration Blog

  • Associate Editor, Transnational Dispute Management

  • Editorial Board, Revista de Arbitragem e Mediação (Arbitration and Mediation Law Review)

  • Founding Member, ArbitralWomen Association

  • Member, DC Steering Committee, Brennan Center for Justice

  • Member, American Society of International Law

  • Member, International Arbitration Institute, Paris, France

  • Member, London Court of International Arbitration

  • Member, District of Columbia Bar Association

  • Member, New York State Bar Association

  • Member, International Bar Association

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