Practice Focus

Jean Kalicki, a partner in Arnold & Porter LLP's international arbitration and litigation groups, is responsible for a wide variety of international dispute resolution matters. She has particular experience in investment treaty arbitration and has represented both investors and sovereigns, in roughly equal numbers, in disputes before the International Centre for Settlement of Investment Disputes (ICSID). In commercial arbitration, Ms. Kalicki has represented clients 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 is a member of the Board of Directors of the AAA and of the ICC Commission on Arbitration, as well as the Chartered Institute of Arbitrators, and serves as arbitrator for numerous institutions in both investment and complex commercial disputes, serving as Chair, sole arbitrator, and co-arbitrator. Ms. Kalicki is the long-time Chair of the DC Bar's International Dispute Resolution Committee, and teaches arbitration topics 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 Foreign Sovereign Immunities Act and Act of State doctrine defenses 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; extraterritorial application of US law; and claims arising out of federal statutes addressing overseas activities and conduct.

Ms. Kalicki has been widely recognized for her leadership in the field. Selected by Global Arbitration Review as among the top 30 women in arbitration worldwide (2007), Ms. Kalicki has been described by clients as "simply superb" (The 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). Ms. Kalicki has also been selected as a leader in her field by the Best Lawyers in America 2010, Euromoney's Guide to the World's Leading Lawyers 2009, and International Who's Who of Business Lawyers.

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

Investment Treaty Arbitration:

• Represents the Republic of Hungary in Electrabel S.A.v. Republic of Hungary, a $700 million ICSID arbitration under the multilateral Energy Charter Treaty, involving a series of measures Hungary introduced between 2006 and 2008 to restructure its electricity generation sector and increase competition in the wake of EU accession. 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.
• Represents the Republic of Hungary in a second ICSID case, 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.
• Represents AbitibiBowater, Inc. in connection with a North American Free Trade Agreement (NAFTA) Notice of Arbitration presented to the Government of Canada, relating to direct expropriation of assets worth more than $300 million in the Province of Newfoundland and Labrador.
• Represents EDF International S.A. in an ICSID claim against Argentina, relating to an investment in the electricity distribution sector in the Province of Mendoza.
• Represents the Republic of Panamá in an ICSID arbitration involving the transferability of certain Panamanian tax credits for investment.
• Represented the Republic of Hungary, and obtained a complete dismissal of claims plus an award of 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 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.
• 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.

Commercial Arbitration:

• Represented a US manufacturer of sophisticated scientific equipment, and obtained a favorable award on all claims, in an ICC arbitration against its former French distributor.
• Represented a Saudi Arabian glass manufacturer, and obtained multi-million dollar awards in our client's favor, 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 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.
• Represented a major international telecommunications company in an ICC arbitration in London, under Russian law, arising out of a contract to supply customized software and equipment to a leading Russian communications company.
• At prior law firm, represented Russia's largest fishing fleet in a AAA arbitration against its Canadian joint venture partner; a U.S. oil refining company in a contemplated arbitration against its joint venture partner, a government in the Middle East; the United Nations in a AAA arbitration brought by the German supplier of peacekeeping troops in Bosnia and Mozambique; a Brazilian mining company in an ICC arbitration brought by its Japanese joint venture partners; a U.S. commodities trading company in a AAA arbitration against the Chinese Ministry of Minerals and Metals.

Experience as Arbitrator:

• Appointed by ICSID as arbitrator in the currently pending investment agreement dispute, Carnegie Minerals (Gambia) Limited v. Republic of the Gambia (ICSID Case No. ARB/09/19).
• Numerous appointments (as Chair, sole arbitrator, and panel member) in confidential commercial disputes, both international and domestic, before several different arbitral institutions.
• Member of the Chartered Institute of Arbitrators.
• Listed on the AAA’s National Roster of Arbitrators and Mediators (International and Commercial panels), on the International Institute for Conflict Prevention & Resolution (CPR) Roster of Distinguished Neutrals (international panel; energy, oil and gas panel; banking, accounting and financial services panel; and Washington, DC ADR panel), and on the panel of arbitrators for National Association Of Securities Dealers (NASD)/the New York Stock Exchange (NYSE) disputes.

Transnational Litigation Experience:

• Represented the State of Israel and various government agencies and officials in Matar v. Dichter, Belhas v. Yaalon, and Doe v. Israel, all cases 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 the Saudi Economic and Development Company and various of its principles in the successful defense of MDL litigation proceedings involving alleged financing of terrorist activities.
• Represented Dyncorp International 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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