Publications

Ms. Kalicki is co-editor of Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century (Brill Nijhoff and TDM-OGEMID 2015), and a frequent writer and speaker on arbitration topics. Her other publications are listed below.

Articles, Chapters & Blog Posts

2010-2016

  • “ICSID Annulment Procedure – Review of Practice and Experience,” Transnational Dispute Management (TDM, ISSN 875-4120), November 2016
  • “What are the Appropriate Remedies for Findings of Illegality in Investment Arbitration?”, in 2016 ICCA Congress Mauritius (Congress Series no. 19) (publication pending)
  • “Legality of Investment,” in Building International Investment Law: The First 50 Years of ICSID (Wolters Kluwer 2016) (co-author)
  • “Reform of Investor-State Dispute Settlement: In Search of a Roadmap,” Transnational Dispute Management Special Issue, vol. 11, issue 1 (2014) (co-editor)
  • “Mediation of Investor-State Disputes: Revisiting the Prospects,” Kluwer Law International, June 14, 2013 (co-author)
  • “Counterclaims by States in Investment Arbitration,” Investment Treaty News, January 2013 (co-author)
  • “The Prospects for Amicus Submissions, Outside the ICSID Rules,” Kluwer Law International, September 14, 2012
  • “Spyridon Roussalis v Romania,” 27 ICSID Review F.I.L.J. (2012) (co-author)
  • “Social Media and Arbitration Conflicts of Interest: A Challenge for the 21st Century,” Kluwer Law International, April 23, 2012 (co-author)
  • “Third-Party Funding in Arbitration: Innovation and Limits in Self Regulation,” Kluwer Law International, March 13-14, 2012 (co-author)
  • “The Unavoidability of Uncertainty: One Lesson from the Recent U.S. Court Ruling in Argentina v. BG Group,” Kluwer Law International, January 27, 2012 (co-author)
  • “Can States Assert Counterclaims Against Investors in BIT Proceedings?” Kluwer Law International, January 16, 2012 (co-author)
  • Reflections on the LCIA Arbitrator Challenge Digests,” Kluwer Law International, December 12, 2011 (co-author)
  • “Controlling Time and Costs in Arbitration: A Progress Report,” Kluwer Law International, November 21-22, 2011
  • “International Investment Arbitration: Can Korean Companies Make Use of It?” International Trade Law (Ministry of Justice, Republic of Korea), vol. 100 (2011) (co-author)
      2000-2009
    • “The Settlement of Disputes Between the Public Administration and Private Companies by Arbitration under Brazilian Law,” Journal of International Arbitration (August 2009) (co-author)
    • “Arbitration Clauses in International Agreements: Why and How?” American Health Lawyers’ Association, Business Law and Governance Practice Group Member Briefing (May 2009) (co-author)
    • “Investment Arbitration in Brazil: Revisiting Brazil’s Traditional Reluctance Towards ICSID, BITs and Investor-State Arbitration” 24 Arbitration International 423 (2008) and Revista de Arbitragem e Mediação (Arbitration and Mediation Law Review) (Vol. 4, No. 14, July-Sept. 2007) (co-author)
    • “Lis Pendens in International Arbitration” 16 Revista de Arbitragem e Mediação 197 (Arbitration and Mediation Law Review) (2008)
    • “Fair, Equitable and Ambiguous: What is Fair and Equitable Treatment in International Investment Law?” 22 ICSID Rev.-Foreign Investment Law Journal 24 (2007) (co-author)
    • “ICSID Arbitration in the Americas,” Arbitration Review of the Americas (2007)
    • “Security for Costs in International Arbitration,” The International Chamber of Commerce Members’ Handbook; UK Edition (Spring 2005)
    • “Arbitrating with Sovereigns and State-Owned Entities,” The International Chamber of Commerce Members’ Handbook; UK Edition (Spring 2004)
      1989-1999
    • “U.S. Discovery for the Japanese Practitioner: Protecting Proprietary Information,” 24 Journal of the Japanese Institute of International Business Law 71 (1996) (co-author)
    • “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)
    • “Foreign Policy by Indictment: Using Legal Tools Against Foreign Officials Involved in Drug Trafficking,” 8 Criminal Justice Ethics 3 (Summer/Fall 1989)
    • “Case Comment, National Security and Preclusion of Judicial Review: Webster v. Doe” 102 Harvard Law Review 330 (1988)