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.
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
Jean Engelmayer Kalicki "
International Investment Arbitration: Can Korean Companies Make Use of It?"
International Trade Law (Ministry of Justice, Republic of Korea), vol. 100, (2011)
Jean Engelmayer Kalicki "
The Settlement of Disputes Between the Public Administration and Private Companies by Arbitration under Brazilian Law"
Journal of International Arbitration, August 2009
Jean Engelmayer Kalicki "
Arbitration Clauses in International Agreements: Why and How?"
American Health Lawyers' Association, Business Law and Governance Practice Group Member Briefing, May 2009
Jean Engelmayer Kalicki "
Lis Pendens in International Arbitration"
16 Revista de Arbitragem e Mediação 197 (Arbitration and Mediation Law Review) 2008
Jean Engelmayer Kalicki and Suzana Medeiros Blades "
Fair, Equitable and Ambiguous: What is Fair and Equitable Treatment in International Investment Law?"
22 ICSID Rev.-Foreign Investment Law Journal 24, 2007
Jean Engelmayer Kalicki "
U.S. Discovery for the Japanese Practitioner: Protecting Proprietary Information"
24 Journal of the Japanese Institute of International Business Law 71, 1996
Jean Engelmayer Kalicki "
Doing Business with the Soviets: the Sources of Policy Divergence Within the Atlantic Alliance"
Present at the Creation: The Fortieth Anniversary of the Marshall Plan (New York: Harper Row) 1990
Jean Engelmayer Kalicki "
Foreign Policy by Indictment: Using Legal Tools Against Foreign Officials Involved in Drug Trafficking"
8 Criminal Justice Ethics 3, Summer/Fall 1989
Jean Engelmayer Kalicki "
Case Comment, National Security and Preclusion of Judicial Review: Webster v. Doe"
102 Harvard Law Review 330, 1988
Jean Engelmayer Kalicki "
Focusing on the IBA Rules on Conflicts" 2nd Annual GAR Live Brazil, Sao Paulo, April 19, 2013
Jean Engelmayer Kalicki "
Approaches to Arbitration: Across the Ages" Moderator, Young ICSID-Young ICCA-ICDR Y&I-ICC YAF, Washington, DC (November 1, 2012)
Jean Engelmayer Kalicki "
Third Party Funding - Who Holds the Purse Strings in an Arbitration? (And How Does that Affect the Arbitral Process)" Hong Kong International Arbitration Center "ADR in Asia Conference 2012, Hong Kong (October 17, 2012)
Jean Engelmayer Kalicki "
Counterclaims by States in Investment Arbitration" International Bar Association (IBA) Arbitration Committee, Dublin, Ireland (October 2, 2012)
Jean Engelmayer Kalicki "
The US courts and international arbitration - how's the relationship working out?" Moderator, GAR Live Americas, New York, NY (September 19, 2012)
Jean Engelmayer Kalicki "
Emerging Issues in Investment Arbitration" ICC, Seventh Annual New York Conference, on “Arbitration with States and State Entities under the ICC Rules,” New York, NY (September 10, 2012)
Jean Engelmayer Kalicki "
The New US Model Bilateral Investment Treaty" Moderator, District of Columbia Bar, Washington, DC (May 31, 2012)
Jean Engelmayer Kalicki "
Damages Experts in Arbitration" Panelist, American Bar Association Section on Dispute Resolution, Washington, DC (April 20, 2012)
Jean Engelmayer Kalicki "
Moot" Arbitrator, Final Round, LL.M International Commercial Arbitration Moot Competition, American University Washington College of Law, Washington, DC (March 10, 2012)
Jean Engelmayer Kalicki "
Ethical Issues and Conflicts of Interest from the Arbitrator's Perspective" American University Washington College of Law, Center on International Commercial Arbitration, Washington, DC (March 8, 2012)
Jean Engelmayer Kalicki "
Resolution of Investor-State Disputes in the Oil and Gas Sector: Key Issues and Trends" Association of International Petroleum Negotiators and ABA Section of International Law, International Investment and Development Committee, Moderator, Washington, DC (January 27, 2012)
Jean Engelmayer Kalicki "
Time and Cost Issues and Initiatives: The Perspective from the Institutions" AAA-ICDR/ICC/ICSID Joint Colloquium on International Arbitration, New York, NY (November 18, 2011)
Jean Engelmayer Kalicki "
The Selection, Rights, Duties and Role of the Arbitrator" American University Washington College of Law, Center on International Commercial Arbitration, Washington, DC (October 12, 2011)
Jean Engelmayer Kalicki "
Commencing an International Arbitration: Fundamentals and Strategy" Americas Workshop Conference, Workshop Co-Chair and Panel Moderator, The Institute for Transnational Arbitration and Center for Conciliation and Arbitration of Panama, Panama City, Panama (April 14, 2011)
Jean Engelmayer Kalicki "
Arbitral Award Enforcement Issues Under the New York Convention" Panelist, NYU School of Law (March 29, 2011)
Jean Engelmayer Kalicki "
Advocacy in International Arbitration" Panelist, Practicing Law Institute, New York, NY (March 7, 2011)
Jean Engelmayer Kalicki "
Choosing a Place of Arbitration" Panelist, USCIB Arbitration Committee, New York, NY (January 19, 2011)
Jean Engelmayer Kalicki "
Issue Conflict: Legal and Ethical Considerations in Commercial and Investment Arbitration" Panelist, ICC Conference on International Commercial Arbitration in Latin America, Miami, FL (November 8, 2010)
Jean Engelmayer Kalicki "
Third Parties in Arbitration: What are the Limits?" Panelist, International Bar Association, Vancouver, Canada (October 5, 2010)
Jean Engelmayer Kalicki "
The Preliminary Hearing" Moderator and Workshop Co-Chair, Conference on "Commencing an International Arbitration: Fundamentals and Strategy," the Institute for Transnational Arbitration, Dallas, TX (June 17, 2010)
Jean Engelmayer Kalicki "
Best Practices for Greater Transparency" Moderator, Conference in "Transparency in International Arbitration: A Focus on Best Practices," jointly sponsored by the American Branch of the International Law Association, the American Society of International Law, Georgetown Law Center, and the International Dispute Resolution Committee of the D.C. Bar, Washington, DC (April 26, 2010)
Jean Engelmayer Kalicki "
Careers in International Arbitration" Panelist, American University Washington College of Law, Washington, DC (March 29, 2010)
Jean Engelmayer Kalicki "
What's New? Awards, Decisions and Other Developments in Recent ECT Investment Arbitrations" Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty, Energy Charter Treaty Secretariat, Brussels, Belgium (October 22, 2009)
Jean Engelmayer Kalicki "
Careers in International Law" Panelist, District of Columbia Bar, Washington, DC (July 15, 2009)
Jean Engelmayer Kalicki "
Consent and the Jurisdiction of Investment Arbitrations" Moderator, Juris Conference on Investment Treaty Arbitration, Washington, DC (April 30, 2009)
Jean Engelmayer Kalicki "
What Happens If We Lose?" Moderator, District of Columbia Bar, Washington, DC (April 14, 2009)
Jean Engelmayer Kalicki "
Challenges to ICSID Awards" and "Immunity of Sovereign Property from Execution" APEC Workshop on International Investment Agreements, International Law Institute, Washington, DC (November 6, 2008)
Jean Engelmayer Kalicki "
The Origins of Investor-State Arbitration and Distinctions from Commercial Arbitration Models," and Moderator, "Mechanics of Arbitration" APEC Workshop on International Investment Agreements, International Law Institute, Washington, DC (November 4, 2008)
Jean Engelmayer Kalicki "
Alternatives to Bilateral Investment Treaties for Claims Against Sovereign States" Moderator, District of Columbia Bar, Washington, DC (October 31, 2008)
Jean Engelmayer Kalicki "
The Arbitral Award" American University Washington College of Law, Fifth Annual Seminar on International Arbitration, Washington, DC (October 30, 2008)
Jean Engelmayer Kalicki "
Investment Treaties: Key Provisions and Their 'Next Generation'" Conference on "Revisiting Bilateral Investment Treaties," Federation of Industries of Sao Paulo and ABCI Institute, Sao Paulo, Brazil (September 25, 2008)
Jean Engelmayer Kalicki "
Arbitrability and Unconscionability" ITA-CBAr Joint Conference on International Arbitration, Sao Paulo, Brazil (September 23, 2008)
Jean Engelmayer Kalicki "
Damages in International Arbitration" Panelist, Institute for Transnational Arbitration Conference, Dallas, Texas (June 19, 2008)
Jean Engelmayer Kalicki "
Energy Charter Treaty Arbitrations Against Sovereign States" Panelist, ABA Section of International Law, New York, New York (April 4, 2008)
Jean Engelmayer Kalicki "
Revisiting the Possibility of a Bilateral Investment Treaty (BIT) Between the United States and Brazil" Moderator, ABCI Institute IV Annual Symposium on International Trade, Washington, DC (February 1, 2008)
Jean Engelmayer Kalicki "
International Commercial Arbitration and Mediation" Welcome Speaker (and Panelist, "Focus Area: Middle East and North Africa"), ICDR, Washington, DC (November 9, 2007)
Jean Engelmayer Kalicki "
Most Favored Nation Provisions in Investment Treaties" Panelist, Investment Treaty Arbitration Workshop, International Bar Association, Singapore (October 16, 2007)
Jean Engelmayer Kalicki "
What Government Officials Need to Know About International Arbitration" Arnold & Porter LLP, Washington, DC (October 5, 2007)
Jean Engelmayer Kalicki "
Careers in International Business Law" Panelist, American University Washington College of Law, Washington, DC (October 1, 2007)
Jean Engelmayer Kalicki "
International Arbitration in Brazil" Welcome Speaker (and Moderator, "Investment Arbitration in Brazil"), District of Columbia Bar, Washington, DC (September 6, 2007)
Jean Engelmayer Kalicki "
Lis Pendens and Arbitration" Speaker, Rio de Janeiro International Arbitration Seminar (July 3, 2007)
Jean Engelmayer Kalicki "
The International ADR Reporting Program Series" Introductory Speaker (and Speaker,"Selecting an Arbitrator for a Telecommunications Arbitration") ICDR, Washington, DC (November 15, 2006)
Jean Engelmayer Kalicki "
The Common Law/Civil Law Gap: The Issues and How International Arbitrators May Resolve Them" Panelist, Expert Arbitrators' Panel, ICDR, New York (October 11, 2006)
Jean Engelmayer Kalicki "
Preparing Answers to Arbitration Requests in International Investment Arbitration" Panelist, Seminar on International Commercial Arbitration, American University Washington College of Law, Washington, DC (October 10, 2006)
Jean Engelmayer Kalicki "
Effective Document Discovery and Witness Examination" Moderator, District of Columbia Bar, Washington, DC (September 6, 2006)
Jean Engelmayer Kalicki "
Legal Practice in International Arbitration" Panelist, Georgetown Law School, Washington, DC (August 28, 2006)
Jean Engelmayer Kalicki "
Drafting Dispute Resolution Clauses for International Investment Agreements" Speaker, Seminar on Foreign Investment Agreements and Investor-State Dispute Settlement, International Law Institute, Washington, DC (June 16, 2006)
Jean Engelmayer Kalicki "
Sino-U.S. Commercial Dispute Resolution" Moderator, District of Columbia Bar, Washington, DC (June 6, 2006)
Jean Engelmayer Kalicki "
Bilateral Investment Treaty Arbitration" Faculty Expert, American University Washington College of Law, Washington, DC (May 30-June 2, 2006)
Jean Engelmayer Kalicki "
Resolution of Transnational Disputes" Panelist, Georgetown University Law Center, Washington, DC (January 2006)
Jean Engelmayer Kalicki "
Arbitrating with Sovereigns and State Entities" Moderator, USCIB Young Arbitrators Forum, Washington, DC (December 2005)
Jean Engelmayer Kalicki "
International Commercial Arbitration in Latin America" Welcome Speaker and Panel Moderator, International Center for Dispute Resolution, Washington, DC (November 2005)
Jean Engelmayer Kalicki "
Arbitration with Sovereigns" Moderator, ICC International Commercial Dispute Resolution, Charlottesville, Virginia (May 2005)
Jean Engelmayer Kalicki "
Litigating Across Borders: Hot Topics and Recent Developments in Transnational Litigation" Moderator and Conference Organizer, District of Columbia Bar, Washington, DC (April 2005)
Jean Engelmayer Kalicki "
Why Your Arbitration Agreement Matters: Anticipating Disputes in International Transactions" Conference Organizer, District of Columbia Bar, Washington, DC (May 2004)
Jean Engelmayer Kalicki "
Recent Developments in Alien Tort Claims Act Litigation" Conference Organizer, District of Columbia Bar, Washington, DC (April 2004)
Jean Engelmayer Kalicki "
Hot Topics and Recent Developments in International Arbitration" Moderator and Conference Organizer, District of Columbia Bar, Washington, DC (May 2003)
Jean Engelmayer Kalicki "
The Emerging Law of Foreign Investment" Conference Organizer, District of Columbia Bar, Washington, DC (January 2003)
Jean Engelmayer Kalicki "
Resolving Foreign Investment Disputes: The Institutional Framework" Conference Organizer, District of Columbia Bar, Washington, DC (June 2002)
Jean Engelmayer Kalicki "
Litigating Across Borders: Hot Topics & Recent Developments in Transnational Litigation" Moderator and Conference Organizer, District of Columbia Bar, Washington, DC (May 2002)
Jean Engelmayer Kalicki "
NAFTA Chapter 11: Arbitrating Investment Disputes with Canada, Mexico and the US" Conference Organizer, District of Columbia Bar, Washington, DC (March 2002)
Jean Engelmayer Kalicki "
Commercial Arbitration in Latin America" Conference Organizer, District of Columbia Bar, Washington, DC (December 2001)
Jean Engelmayer Kalicki "
Careers in International Law" Panelist, District of Columbia Bar, Washington, DC, July 2001 and Harvard Law School, Cambridge, Massachusetts (October 2000)
Jean Engelmayer Kalicki "
Hot Topics and Recent Developments in International Arbitration" Panelist, District of Columbia Bar, Washington, DC (April 2001)
Jean Engelmayer Kalicki "
When Sovereign Governments Arbitrate" Moderator and Conference Organizer, District of Columbia Bar, Washington, DC (November 2000)
Jean Engelmayer Kalicki "
International Arbitration Day" Panelist, District of Columbia Bar, Washington, DC (March 2000)