Cases

Ms. Kalicki has served as Chair, sole arbitrator and co-arbitrator in a wide range of investor-State, public international law and commercial cases, the latter in both international and complex U.S. disputes. A list of her arbitrator appointments in these categories appears below.

Arbitrator Appointments

Investor-State and Public International Law Cases

  • President of the Tribunal in the first interstate arbitration under the Energy Charter Treaty, The Republic of Azerbaijan v. The Republic of Armenia, PCA Case No. 2023-65, concerning energy resources (appointed by the PCA)
  • Panelist in a dispute between the United States and Mexico under Chapter 31 of the USMCA (MEX-USA-31-01), involving measures concerning genetically engineered corn (appointed by Mexico)
  • Co-arbitrator in Goldgroup Resources, Inc. v. United Mexican States (ICSID Case No. ARB/23/4), a NAFTA arbitration involving a mining concession (appointed by the respondent)
  • Co-arbitrator in an ICC dispute, brought against a State under a petroleum agreement, involving certain tax issues (appointed by the claimant)
  • President of the Tribunal in British Caribbean Bank Limited et al. v. The Government of Belize, PCA Case No. 2023-38, an investment treaty arbitration under the UNCITRAL Rules concerning the development of a port (appointed by the PCA)
  • President of the Tribunals in PowerChina HuaDong Engineering Corporation and China Railway 18th Bureau Group Company Ltd v. Socialist Republic of Vietnam (ICSID Case No. ARB(AF)/22/7 and ICSID Case No. ADM/23/1), parallel disputes involving a contract for the construction of a hydropower project (appointed by the co-arbitrators)
  • President of the Tribunal in Digicel (Singapore) Private Limited v. Independent State of Papua New Guinea (ICSID Case No. ARB/22/18), a dispute involving a telecommunication enterprise (appointed by agreement of the parties)
  • Co-arbitrator in PCCW Cascade (Middle East) Ltd. v. Kingdom of Saudi Arabia (ICSID Case No. ARB/22/20), an investment treaty dispute involving a telecommunication enterprise (appointed by the respondent)
  • Co-arbitrator in RTI Rotalin Gas Trading AG and Rotalin Gaz Trading S.R.L. v. Republic of Moldova (ICSID Case No. ARB(AF)/22/4), an Energy Charter Treaty dispute involving the gas sector (appointed by the respondent)
  • President of the Tribunal in KrisEnergy Bangladesh Limited v. People’s Republic of Bangladesh and Bangladesh Oil Gas and Mineral Corporation (ICSID Case No. ARB/22/4), a dispute involving certain tax issues arising in connection with a production sharing contract (appointed by the co-arbitrators)
  • Co-arbitrator in SREW N.V. v. Ukraine (ICSID Case No. ARB/21/52), an investment treaty dispute involving renewable energy generation (appointed by the respondent)
  • Co-arbitrator in Ivicom Holding GmbH v. Republic of Albania, an Energy Charter Treaty arbitration proceeding under the SCC Rules (appointed by the respondent)
  • President of the Tribunal in an investment treaty arbitration under the UNCITRAL Rules concerning tax issues (appointed by the co-arbitrators in consultation with the parties)
  • Co-arbitrator in Uniper Benelux Holding B.V. and Uniper Benelux N.V. v. Kingdom of the Netherlands (ICSID Case No. ARB/21/22), an ECT dispute concerning a coal-powered power plant (appointed by the respondent)
  • President of the Tribunal in Quanta Services v. Peru (ICSID Case No. ARB/21/1), an ICSID dispute over the construction and operation of telecommunications networks (appointed by agreement of the parties, and featuring the first all-female ICSID arbitration tribunal)
  • Co-arbitrator in an ICC dispute brought against a State under an investment agreement related to development of a deep sea port (appointed by the respondent)
  • President of the Tribunal in Komaksavia Airport Invest Ltd. v. Republic of Moldova, an investment arbitration under the SCC Rules involving a concession to operate an international airport (appointed by the SCC Board)
  • President of the Tribunal in an investor-State dispute under the UNCITRAL Rules, arising out of certain investment agreements in the mining sector (appointed by the co-arbitrators)
  • President of the Tribunal in Korea Western Power Company Ltd. v. Republic of India, an UNCITRAL dispute administered by the PCA, involving investment treaty claims related to a gas power generation project (appointed by the co-arbitrators in consultation with the parties)
  • President of the Tribunal in WeBuild v. Dominican Republic (PCA Case 2020-50), an investment treaty dispute involving a construction project (appointed by an appointing authority based on the parties’ input, and featuring the first all-female investor-State tribunal)
  • President of the Tribunal in Bedri Selmani v. The Republic of Kosovo, an investor-State dispute proceeding under the ICC Rules (appointed by agreement of the parties)
  • Co-arbitrator in Ge Gao, Hongwei Meng, Zihong Meng and Ziheng Meng (China) v. INTERPOL (PCA Case 2019-19), a dispute under the Permanent Court of Arbitration Optional Rules for Arbitration Involving International Organizations and Private Parties of 1996 (appointed by the respondent)
  • President of the Tribunal in Daniel W. Kappes and Kappes, Cassidy & Associates v. Republic of Guatemala (ICSID Case No. ARB/18/43), a dispute under the DR-CAFTA involving the mining sector (appointed by the parties)
  • President of the Tribunal in Aris Mining Corporation (formerly known as GCM Mining Corp. and Gran Colombia Gold Corp.) v. Republic of Columbia (ICSID Case No. ARB/18/23), an ICSID dispute involving a mining concession (appointed by the parties)
  • President of the Tribunal in Conseil Economique Des Pays Musulmans v. The State of Kuwait (PCA Case 2018-35), an investment arbitration under the UNCITRAL Rules (appointed by the co-arbitrators)
  • President of the Tribunal in EBL (Genossenschaft Elektra Baselland) and Tubo Sol PE2 S.L. v. Kingdom of Spain (ICSID Case No. ARB/18/42), an ICSID dispute involving renewable energy generation (appointed by the parties)
  • President of the Tribunal in Rasia FZE, Joseph K. Borkowski v. The Republic of Armenia (ICSID Case No. ARB/18/28), an ICSID dispute involving a railway and highway construction project (appointed by the co-arbitrators)
  • Co-arbitrator in an ICSID dispute involving a tunnel construction project, Cem Selcuk Ersoy v. Republic of Azerbaijan, ICSID Case No. ARB/18/6 (appointed by the respondent)
  • President of the Tribunal in an ICSID dispute involving media sector investments, Cascade Investments NV v. Republic of Turkey, ICSID Case No. ARB/18/4 (appointed by the co-arbitrators)
  • Co-arbitrator in an ICSID dispute involving an electric power generation project, Samsung Engineering Co., Ltd. v. Kingdom of Saudi Arabia, ICSID Case No ARB/17/43 (appointed by the respondent)
  • President of the Tribunal in an ICSID dispute involving the banking sector, Addiko BankAG and Addiko Bank d.d. v. Republic of Croatia, ICSID Case No. ARB/17/37 (appointed by the Chairman of the ICSID Administrative Council)
  • Co-arbitrator in an ICSID dispute involving an oil refinery, Puma Energy PNG Supply Ltd and Puma Energy PNG Refining Limited v. Independent State of Papua New Guinea, ICSID Case No. ARB/17/26 (appointed by the respondent)
  • President of the Tribunal in an UNCITRAL Rules dispute administered by the PCA, Oleg Vladimirovich Deripaska (Russian Federation) v. The State of Montenegro, PCA Case 2017-07 (appointed by the co-arbitrators)
  • President of the Tribunal in Nissan Motor Co., Ltd. v. Republic of India (PCA Case No. 2017-37), proceeding under the UNCITRAL Rules (appointed in 2017 by the PCA acting as appointing authority)
  • Co-arbitrator in Al Rajhi v. The Sultanate of Oman, PCA Case No. 2017-32, an UNCITRAL dispute involving claims under the Organization for Islamic Cooperation investment agreement (appointed by the Hon. James Crawford acting as appointing authority)
  • Member of the Ad Hoc Committee in an ICSID annulment proceeding, Churchill Mining Plc and Planet Mining Pty Ltd v Republic of Indonesia (ICSID Case No. ARB/12/14 and 12/140) (appointed in 2015 by the Chairman of the ICSID Administrative Council)
  • Co-arbitrator in A.M.F. Aircraftleasing Meier & Fischer GmbH & Co. KG, v. The Czech Republic, proceeding under the UNCITRAL Rules (appointed by the respondent)
  • President of the Tribunal in an ad hoc arbitration proceeding under the ICSID Additional Facility Rules, Sanum Investments Limited v. The Government of the Lao People’s Democratic Republic, ICSID Case No. ADHOC/17/1 (appointed by agreement of the parties)
  • President of the Tribunal in an ICSID dispute involving the gaming industry, Lao Holdings N.V. v. Lao People’s Democratic Republic, ICSID Case No. ARB(AF)/16/2 (appointed by the Chairman of the ICSID Administrative Council)
  • Co-arbitrator in an ICSID dispute involving a mining concession, Alhambra Resources Ltd. and Alhambra Coöperatief U.A. v. Republic of Kazakhstan, ICSID Case No. ARB/16/12 (appointed by the respondent)
  • President of the Tribunal in an ICSID dispute involving companies in several economic sectors, Nova Group Investments, B.V. v. Romania, ICSID Case No. ARB/16/19 (appointed by the Chairman of the ICSID Administrative Council)
  • Co-arbitrator in Etrak Insaat ve Ticaret Anonim Sirketi v. The State of Libya, an investment treaty dispute proceeding under the ICC Rules (appointed by the respondent)
  • President of the Tribunal in an ICSID dispute involving the renewal energy sector, Eskosol S.p.A. in liquidazione v. Italian Republic, ICSID Case No. ARB/15/50 (appointed by agreement of the parties)
  • Member of the Ad Hoc Committees in two parallel ICSID annulment proceedings, Bernhard von Pezold and others v. Republic of Zimbabwe (ICSID Case No. ARB/10/15) and Border Timbers Limited and others v. Republic of Zimbabwe (ICSID Case No. ARB/10/15) (appointed in 2017 by the Chairman of the ICSID Administrative Council)
  • President of the Tribunal in Louis Dreyfus Armateurs SAS v. Republic of India, PCA Case No. 2014-26, an UNCITRAL Rules dispute involving claims under the bilateral investment treaty between France and India (appointed by the co-arbitrators)
  • President of the Tribunal in an ICSID dispute involving petroleum exploration, development and production activities, Tullow Uganda Operations Pty Ltd and Tullow Uganda Limited v. Republic of Uganda, ICSID Case No. ARB/13/25 (appointed by agreement of the parties)
  • Co-arbitrator in an ICSID dispute involving an investment agreement in the mining sector, Carnegie Minerals (Gambia) Limited v. Republic of the Gambia, ICSID Case No. ARB/09/19 (appointed by ICSID Secretary-General)

International Commercial Cases

  • Co-arbitrator in a SIAC case involving a contractual dispute in connection with the aviation industry
  • Co-arbitrator in an ICC case involving an LNG supply agreement
  • Co-arbitrator in an ICC case involving a financing agreement for a nuclear power plant
  • Co-arbitrator in an ICC case involving certain financial arrangements for offset projects in connection with foreign military sales
  • Co-arbitrator in an ICDR case involving a contractual dispute with a South American State
  •  Co-arbitrator in an ICDR case involving disputed rights to profits derived from certain investments in China
  • Chair in an ICC case involving a pharmaceutical license agreement in China
  • Co-arbitrator in an HKIAC dispute, seated in Hong Kong, regarding an international partnership agreement for the development of smartphone technology.
  • Co-arbitrator in an ICDR case involving a supply agreement for liquified natural gas
  • Co-arbitrator in an ICDR case involving a call option in a joint venture agreement
  • Co-arbitrator in an ICDR case involving an oil transportation contract
  • Co-arbitrator in an UNCITRAL Rules case involving a joint venture in India
  • Chair in an UNCITRAL Rules case involving a services agreement with an international organization
  • Co-arbitrator in an ICDR case involving an international supply contract
  • Co-arbitrator in an ICDR case involving a corporate purchase agreement
  • Chair in an LCIA case involving indemnification and licensing issues arising out of a share sale agreement, related to operations in Europe and North Africa
  • Co-arbitrator in an ICC case involving an energy supply agreement in Asia
  • Chair of an UNCITRAL Rules case involving patent licensing issues for consumer electronics in Asia
  • Co-arbitrator in several related ICC cases involving an international joint venture agreement for certain high-technology electronic components
  • Co-arbitrator in an ICDR case involving aviation industry equipment
  • Chair of an ICC tribunal in a case involving the sale of certain patent rights and interests
  • Sole arbitrator in an ADCCAC case involving a construction project in the United Arab Emirates
  • Chair of an ICC tribunal in several consolidated cases involving offshore drilling rigs in South America
  • Co-arbitrator in an UNCITRAL case involving investment banking in Latin America
  • Co-arbitrator in an ICC case involving a joint venture for software technology
  • Chair of an ICDR tribunal in a case involving a patent license agreement for cellular technology
  • Co-arbitrator in related ICC and SCC cases involving technology license issues
  • Sole arbitrator in a HKIAC case involving clean energy issues in China
  • Sole arbitrator in an UNCITRAL Rules case involving a distribution and marketing agreement for Australia and New Zealand
  • Co-arbitration in an ICDR case involving antitrust and other claims in the aviation equipment industry.
  • Co-arbitrator in an ICC case involving an international contract for design and delivery of industrial equipment
  • Co-arbitrator in an ad hoc case involving a contract for defense technology equipment and services in the Middle East
More
  • Chair in an case involving a purchase and sale agreement in the mineral sector, involving parties in Canada, China and Latin America, under the BCICAC Rules
  • Chair in an ICDR case involving provision of employment services at a US-run facility in Africa
  • Co-arbitrator in an ICC case involving ownership and control of companies in Mexico
  • Sole arbitrator in a SIAC case involving a shareholders’ agreement related to companies operating in Australia and Singapore
  • Sole arbitrator in a JAMS International case involving an international distributorship agreement for cosmetic products
  • Chair in an ad hoc case involving a loan agreement for certain Asian securities, governed by Bahamas law.
  • Co-arbitrator in an ICDR case involving power generation facilities in the Philippines
  • Co-arbitrator in an ICDR case involving a joint venture agreement between airlines for provision of international passenger flights
  • Chair in an ICDR case involving a distribution agreement for cosmetic products in Europe
  • Co-arbitrator in an ICDR case involving loan agreements related to a publicly traded energy company in China
  • Co-arbitrator in an ICC case involving an operating agreement for gas production facilities in South America
  • Emergency Arbitrator to hear application for provisional relief in an ICDR dispute involving manufacturing and supply of an FDA-approved veterinary health product
  • Chair in an ICDR dispute involving a consulting agreement related to development of mines in South America
  • Co-arbitrator in an ICC dispute involving a wind power project in Latin America
  • Sole arbitrator in an ad hoc case involving financial advisory services for a company with operations in the United States and Asia
  • Co-arbitrator in an ICDR dispute involving manufacture and supply of aircraft parts
  • Chair in an ICDR dispute involving a merger and share exchange agreement related to investments in China
  • Sole arbitrator in an ICDR dispute involving a licensing agreement for the tourism and hospitality industry in the Middle East
  • Sole arbitrator in an ICDR dispute involving international charter of a sea vessel and related maritime law issues
  • Chair in an ICDR case involving the lease of property for oil and gas exploration and drilling in the United States
  • Chair in an ICDR dispute involving shipping of metals from South America
  • Sole arbitrator in an ICDR dispute involving distribution agreements for medical equipment, involving the United States, Canada and the United Kingdom
  • Sole arbitrator in an ICDR dispute involving service issues under a telecommunications interconnection agreement
  • Sole arbitrator in a CPR case relating to a merger agreement involving international development and marketing of genomics technology
  • Co-arbitrator in an ICC dispute involving a property sale agreement in Asia
  • Co-arbitrator in an ICDR dispute related to securities investments managed by a US bank on behalf of a Latin American investor
  • Co-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
  • Co-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 an ICDR dispute related to the production and supply of solar energy equipment from China for use in Europe, the USA, and Canada

Complex U.S. Commercial Cases

  • Co-arbitrator in an AAA case involving a royalty dispute in connection with the pharmaceutical industry
  • Co-arbitrator in a AAA dispute involving management transition issues in a global insurance organization
  • Co-arbitrator in a AAA dispute involving alleged defects in alternative energy equipment
  • Chair in an AAA dispute involving the valuation of extensive energy assets in the United States.
  • Co-arbitrator in an AAA case involving a contract for the provision of legal services
  • Chair in an AAA dispute involving aviation equipment sales in the United States
  • Chair in a CPR case involving operation of a coal-fired power plant in the United States
  • Chair in a AAA dispute involving FIFRA data compensation claims for scientific studies related to the registration of pesticides in the United States
  • Sole arbitrator in an AAA dispute involving procurement agreements for agricultural commodities
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  • Co-arbitrator in an AAA dispute involving production and sale of large-scale renewable energy equipment
  • Co-arbitrator in an AAA dispute involving sales commissions related to jewelry and diamond trading
  • Co-arbitrator in a AAA dispute involving alleged breach of a technology license agreement
  • Sole arbitrator in several AAA disputes related to franchise agreements in the hospitality industry
  • 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 co-arbitrator in several National Association of Securities Dealers (NASD) disputes related to securities investments in the United States

Prior Counsel Cases

Ms. Kalicki served as counsel in international arbitrations for more than 25 years, prior to her 2016 transition to full-time independent arbitrator work. For lists of her prior counsel cases in investor-State arbitration and international commercial arbitration, see the links below.

Investor-State Arbitration
  • Lead counsel to the Republic of Korea in LSF-KEB Holdings SCA and others v. Republic of Korea (ICSID Case No. ARB/12/37), involving claims of more than $4 billion, brought by entities affiliated with the Lone Star Funds, related to certain bank regulation and tax matters
  • Lead counsel to Hungary in Emmis International Holding et al. v. Republic of Hungary (ICSID Case No. ARB/12/2), involving a tender for radio communications licenses
  • One of two lead counsel representing a U.S. investor in Abitibi-Bowater, Inc. v. Government of Canada (ICSID Case No. UNCT/10/1), a NAFTA arbitration under the UNCITRAL Rules, relating to expropriation of pulp mill, hydroelectric and forestry assets in the Province of Newfoundland and Labrador
  • Lead counsel to Hungary in Accession Mezzanine Capital et al. v. Republic of Hungary (ICSID Case No. ARB/12/3), relating to tenders for radio communications licenses
  • One of two lead counsel representing Greek and Austrian investors in Club Hotel Loutraki S.A. and Casinos Austria International Holding GmbH v. Republic of Serbia (ICSID Case No. ARB/11/4), involving a license agreement for casino operations in Belgrade
  • Lead counsel to Hungary in Electrabel S.A. v. Republic of Hungary (ICSID Case No. ARB/07/19), an Energy Charter Treaty dispute arising from electricity sector restructuring to comply with State aid concerns in the wake of Hungary’s accession to the European Union
  • Served as part of a team representing a U.S. investor in Mercer International, Inc. v. Canada (ICSID Case No. ARB(AF)/12/3), a NAFTA arbitration relating to regulation of pulp mill investments in British Columbia
  • Lead counsel to Hungary in AES Summit Generation Limited v. Republic of Hungary (ICSID Case No. ARB/07/22), an Energy Charter Treaty dispute arising from changes in energy price regulation following Hungary’s accession to the European Union
  • Served as part of a team representing the Slovak Republic in U.S. Steel Global Holdings I B.V. v. The Slovak Republic (PCA Case No. 2013-6), an UNCITRAL case relating to electricity tariff measures
  • Served as part of a team representing a French investor in Electricite de France (EDF) International S.A. v. Argentina (ICSID Case No. ARB/03/23), relating to an investment in the electricity distribution sector in the Province of Mendoza
  • Served as part of a team representing the Kyrgyz Republic in CEH v. Kyrgyz Republic (ICSID Case No. ARB(AF)/13/01), involving a joint venture for the development of gold deposits
  • Served as part of a team representing the Republic of Chile in annulment proceedings in Pey Casado v. Republic of Chile (ICSID Case No. ARB/98/2), related to alleged denial of justice and discrimination in connection with Chilean administrative proceedings related to compensation for a 1970s-era expropriation
  • Served as part of a team representing the Republic of Panamá in Nations Energy Co. v. Republic of Panama (ICSID Case No. ARB/06/19), involving the transferability of certain Panamanian tax credits for investment
  • One of two lead counsel representing an Italian investor in Hussein Nuaman Soufraki v. United Arab Emirates (ICSID Case No. ARB/02/7), an annulment proceeding arising out of port redevelopment in the United Arab Emirates, in a case involving determination of investor nationality under international law
  • One of two lead counsel representing Hungary in Telenor Mobile Communications A.S. v. Republic of Hungary (ICSID Case No. ARB/04/15), involving telecommunications regulations during Hungary’s transition to EU membership
  • One of two lead counsel representing a Chilean investor in Industria Nacional de Alimentos S.A. (Empresas Lucchetti S.A.) v. Republic of Peru (ICSID Case No. ARB/03/04), an annulment proceeding involving application of an investment treaty to the revocation of a factory operating license in Peru
  • Served as part of a team representing the Republic of El Salvador in Inceysa Vallisoletana S.L. v. Republic of El Salvador (ICSID Case No. ARB/03/26), involving a State contract for motor vehicle inspection services
International Commercial Arbitration
  • Represented a major Turkish company in an ICC arbitration involving a sale of banking interests to a Dutch buyer
  • Represented a US contractor in an LCIA
    arbitration involving a supply contract in Afghanistan
  • 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 Engish 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
  • Represented Russia’s largest fishing fleet in an ICDR arbitration against its Canadian joint venture partner
  • Represented a U.S. oil refining company in a contemplated arbitration against its joint venture partner, a government in the Middle East
  • Represented the United Nations in an ICDR arbitration brought by the German supplier of peacekeeping troops in Bosnia and Mozambique
  • Represented a Brazilian mining company in an ICC arbitration brought by its Japanese joint venture partners
  • Represented a U.S. commodities trading company in an ICDR arbitration against the Chinese Ministry of Minerals and Metals