Practice Focus

Jean Kalicki, a partner in Arnold & Porter LLP's international arbitration and litigation practice groups, is responsible for wide variety of international dispute resolution matters. She has particular experience in investment treaty arbitration and has represented both sovereigns and investors in disputes before the International Centre for Settlement of Investment Disputes (ICSID). For example, Ms. Kalicki currently serves as lead counsel to the Republic of Hungary in two high-profile Energy Charter Treaty arbitrations, as an investor's counsel in connection with NAFTA arbitration proceedings, and as counsel for several other States and investors in pending bilateral investment treaty arbitrations. Ms. Kalicki also has extensive experience in commercial arbitration, and has represented companies on five continents, as well as the United Nations, in disputes before the International Chamber of Commerce (ICC), the American Arbitration Association (AAA) and its International Centre for Dispute Resolution (ICDR), and ad hoc tribunals under the United National Commission on International Trade Law (UNCITRAL) Rules. She also frequently counsels clients on structuring international business transactions to obtain protection from applicable investment treaties and selecting arbitration clauses appropriate to particular transactions. She is a frequent speaker on arbitration topics.

Ms. Kalicki has been widely recognized for her leadership in the field. Selected by Global Arbitration Review as one of the top 30 women in arbitration worldwide (Sept. 2007), Ms. Kalicki has been described by clients as "simply superb" (Legal 500, 2008), and by peers 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: America's Leading Lawyers for Business, 2008 edition). Ms. Kalicki has also been selected as a leader in her field by the Best Lawyers in America 2010 and by International Who's Who of Business Lawyers. She is a member of the ICC Commission on Arbitration, a member of the Chartered Institute of Arbitrators, and the eight-time Chair or Co-Chair of the DC Bar's International Dispute Resolution Committee. She serves as an arbitrator for numerous institutions and as an adjunct professor at both Georgetown University Law Center and American University's Washington College of Law.

In litigation practice, Ms. Kalicki has substantial experience with the special treaties, statutes, and procedural rules governing transnational litigation in US courts. She has represented the Government of Israel and numerous senior officials with respect to Alien Tort Statute claims, represented Saudi companies in multidistrict litigation (MDL) proceedings involving alleged terrorist financing, and represented and advised numerous other clients on issues such as international service of process, jurisdiction, discovery and enforcement of judgments; application of the Foreign Sovereign Immunities Act; extraterritorial application of US law; and claims arising out of federal statutes addressing overseas activities and conduct. 

Prior to joining Arnold & Porter, Ms. Kalicki was associated from 1991 to 1998 with Cleary, Gottlieb, Steen & Hamilton in its New York and Washington, DC offices. 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, and a former law clerk for Judge Pierre N. Leval, then of the US District Court for the Southern District of New York.

Representative Matters

• Currently serves as lead counsel to the Republic of Hungary in Electrabel S.A. v. Republic of Hungary and AES Summit Generation Limited v. Republic of Hungary, two Energy Charter Treaty disputes with claims totaling in excess of US$700 million, arising from Hungary's efforts to restructure its electric power sector in the wake of its accession to the European Union, to minimize the anti-competitive effects of long-term power purchase agreements that predated market liberalization.
• Represents the Republic of Panamá in ICSID arbitration involving claim for tens of millions of dollars based on claims that certain Panamanian tax credits were not honored. 
• Represents a European investor in an ICSID claim against Argentina, relating to an investment in the electricity distribution sector in the Province of Mendoza.
• Represents a US manufacturer of sophisticated scientific equipment, in an ICC arbitration against its former French distributor.
• Represented the Republic of Hungary in Telenor Mobile Communications A.S. v. Republic of Hungary, an ICSID dispute involving telecommunications regulations during Hungary's transition to EU membership--and obtained a complete dismissal of all claims at the jurisdictional stage, on grounds that the applicable investment treaty limited ICSID review to expropriation claims and no expropriation could be shown as a matter of law.
• Represented the Republic of El Salvador in Inceysa Vallisoletana S.L. v. Republic of El Salvador, an ICSID arbitration involving a State contract for motor vehicle inspection services--and obtained the first-ever jurisdictional dismissal of investment treaty claims on grounds that the claimant's investment was not made in accordance with applicable law.
• 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 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 and consequent claims for indirect expropriation and other treaty violations.
• Obtained multimillion dollar awards for 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 arbitration against a major US pharmaceutical company regarding their respective rights to a blockbuster new product under prior licensing agreements.

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