Jean Kalicki - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Jean Kalicki

• Uniper v. Netherlands arbitration is discontinued
  Mar 20, 2023
• Uncovered: Rasia v. Armenia tribunal finds that contractual claims are time-barred and sees no BIT breach on the merits; umbrella clause requires contractual privity, while tribunal finds that non-monetary expenditures satisfy contribution requirement
  Feb 13, 2023
• [Updated with a copy of the Award] ICSID tribunal dismisses all claims in highway and railway construction dispute with Armenia
  Jan 23, 2023
• Three are in place to hear telecoms arbitration under China-Saudi Arabia BIT
  Jan 10, 2023
• Revealed: In Komaksavia v. Moldova, non-ICSID tribunal applies objective definition of the term ‘investment’, and declines jurisdiction over airport concessionaire’s BIT claims due to a lack of contribution and absence of action of investing
  Dec 28, 2022
• Maxi Scherer is tapped to chair ECT arbitration against Moldova
  Dec 04, 2022
• An ICSID tribunal is constituted to hear contract-based telecoms claim against Papua New Guinea
  Nov 01, 2022
• Uncovered: ICC tribunal in Selmani v. Kosovo sees no investment matching the temporal and material scope of the state’s 2014 Foreign Investment Law
  Sep 13, 2022
• Kosovo reportedly fends off opaque 65 million EUR investment law-based claim
  Aug 10, 2022
• Moldova defeats 900 million EUR investment treaty arbitration that had spawned two separate emergency arbitrator awards
  Aug 04, 2022
• Uniper is required to withdraw its intra-EU ECT claim against the Netherlands as part of German bailout package
  Jul 22, 2022
• Analysis: ICSID tribunal sets out reasons for provisional measures decision regarding anti-arbitration proceedings before German courts
  Jun 10, 2022
• Jean Kalicki is tapped to chair contract arbitration against Bangladesh
  May 13, 2022
• SCC tribunal is in place to hear recently-uncovered ECT claim against Albania
  May 03, 2022
• Award against Libya surfaces as claimant seeks enforcement in the US
  Mar 31, 2022
• Dominican Republic Round-Up: Two under-the-radar treaty cases (including one with an all-female tribunal), one notice of dispute, and other arbitration-related developments
  Mar 16, 2022
• Analysis: Uniper v. Netherlands tribunal recommends that respondent reconsider its decision to continue parallel court proceedings on intra-EU question, but stops short of ordering the state to withdraw its claim before German courts
  Mar 11, 2022
• Parties in Uniper v. Netherlands coal phase-out arbitration express diverging views on ICSID provisional measures decision aimed at countering anti-arbitration action before German courts
  Mar 11, 2022
• SCC and ICSID tribunals are in place, as first publicly known renewable energy arbitrations against Ukraine kick off
  Jan 19, 2022
• Power generation arbitration against Saudi Arabia concludes with an award
  Dec 15, 2021
• Uniper seeks to halt anti-arbitration proceedings before German courts by requesting provisional measures from newly-constituted ICSID tribunal
  Dec 06, 2021
• Three are in place to hear second coal power phase-out ICSID arbitration against the Netherlands
  Dec 03, 2021
• (Updated) Cascade v. Turkey tribunal expresses concern about the state’s treatment of opposition media, but it ultimately declines jurisdiction after finding that the investor engaged in an abuse of process
  Oct 18, 2021
• Turkey prevails on jurisdiction in media arbitration arising out of failed 2016 coup
  Sep 22, 2021
• ICSID tribunal accepts amicus curiae submission on limited factual issues, including corruption allegations not raised by parties
  Sep 01, 2021
• Three women are selected to hear ICSID arbitration against Peru
  May 11, 2021
• Kazakhstan Round-Up: New threats, details about a mining award, and an update on other arbitration disputes against the state
  Apr 01, 2021
• Tribunal is in place to hear UNCITRAL arbitration against India
  Mar 30, 2021
• Both parties file for annulment of still-confidential Kazakhstan award
  Mar 24, 2021
• ICSID tribunal finds that “environmental justice movement” without legal personality or identified representative cannot submit amicus curiae brief
  Mar 23, 2021
• DR-CAFTA parties set out views on limitation period, minimum standard of treatment, and non-discrimination obligations in mining case against Guatemala
  Mar 16, 2021
• Swiss Federal Tribunal dismisses set aside application in PCA BIT arbitration
  Dec 21, 2020
• Swiss court dismisses set-aside application of Libya award
  Dec 07, 2020
• Analysis: Unpacking the Gran Colombia v. Colombia tribunal’s decision to dismiss the respondent’s denial of benefits objection
  Dec 01, 2020
• Tribunal dismisses denial of benefits objection in Colombian mining dispute
  Nov 24, 2020
• Analysis: Eskosol v. Italy tribunal finds that bankrupt domestic entity remained under “foreign control”, but dismisses claims on the merits
  Sep 10, 2020
• Eskosol v. Italy tribunal finds that 2011 changes to Italy’s renewables incentives regime did not amount to an ECT breach
  Sep 08, 2020
• OIC round up: An update on pending arbitration cases lodged under the OIC Investment Agreement
  Aug 11, 2020
• Chisinau airport dispute gives rise to a second SCC emergency decision; three are in place to hear the main arbitration claim
  Aug 04, 2020
• Analysis: Unpacking the reasons why a US court denied Turkey’s renewed §1782 application in support of a treaty-based arbitration
  Jul 24, 2020
• Community members submit renewed petition for amicus participation in Guatemalan mining dispute
  Jul 22, 2020
• [UPDATED WITH FULL ANALYSIS]: ICSID annulment committee upholds award against The Gambia, dismissing claim of improper tribunal constitution
  Jul 08, 2020
• Revealed: Reasons surface for tribunal’s decision that Montenegro was not bound by the Russia-Yugoslavia BIT
  Jul 03, 2020
• ANALYSIS: Addiko v. Croatia tribunal applies unusual conflict of laws clause, but finds no inherent incompatibility between the Austria-Croatia BIT and the EU’s body of laws
  Jun 17, 2020
• Arbitrators reject intra-EU jurisdictional objection in Swiss Franc loans dispute with Croatia
  Jun 15, 2020
• UNCITRAL tribunal dismisses health screening arbitration against Kuwait
  Jun 15, 2020
• Revealed: Tercier-chaired tribunal finds jurisdiction in intra-EU AMF v. Czech Republic case, but a majority dismisses the case on the merits; a parallel treaty-based case is discontinued
  May 29, 2020
• India reportedly settles treaty-based dispute with Nissan
  May 28, 2020
• Breaking: Czech Republic prevails in arbitration disputes with former senator
  May 12, 2020
• ICSID tribunal confirms its “receptivity” to consider evidence obtained through US court proceedings
  Mar 31, 2020
• Analysis: DR-CAFTA tribunal dismisses Guatemala’s jurisdictional objections, with a majority finding that the treaty allows claims for reflective losses; Zachary Douglas dissents
  Mar 31, 2020
• Breaking: Guatemala fails to derail claim at early phase
  Mar 24, 2020
• Revealed: Kosovo faces new ICC claim under its foreign investment law
  Mar 13, 2020
• Tribunal in Colombia mining dispute bifurcates denial of benefits objection; remaining jurisdictional arguments are joined to the merits
  Feb 09, 2020
• Turkey round-up: an update on developments in the Ipek, Cascade and Westwater Resources BIT arbitrations
  Feb 03, 2020
• Newly-obtained jurisdictional decision in Louis Dreyfus v. India reveals tribunal’s full reasoning on unusual BIT clause and prior negotiation requirements
  Jan 29, 2020
• Previously-unseen 2018 Louis Dreyfus v. India BIT award surfaces, revealing tribunal’s reasoning for dismissing investor’s claims and imposing large costs order
  Jan 09, 2020
• Romania round-up: As state reportedly moves to pay controversial Micula award, we provide an update on developments in seven investment treaty-based arbitrations
  Dec 17, 2019
• Tribunal hearing Guatemalan mining dispute rejects amicus curiae application as “premature”
  Dec 17, 2019
• Oleg Deripaska fails in latest bid to sue Montenegro, as UNCITRAL tribunal decides that Yugoslavia-Russia BIT does not apply to Montenegro
  Oct 17, 2019
• Revealed: in new ICC BIT award, Libya’s lack of compliance with an earlier settlement agreement results in treaty breach; Turkish claimant Etrak is awarded $22 million
  Oct 04, 2019
• Nissan v. India: Previously-unseen jurisdictional decision reveals tribunal’s rejection of objections on tribunal constitution, fork-in-the-road, contractual forum selection clause, time-bar, and taxation exception
  Sep 13, 2019
• Laos files security for costs application in remaining casino arbitrations, relying on recent favorable awards in prior cases
  Sep 13, 2019
• Guatemala reveals its preliminary objections to Kappes' mining arbitration under DR-CAFTA
  Sep 01, 2019
• Colombia round-up: Newly approved bilateral investment treaties, dispute settlement discussions, pleadings and decisions in ongoing arbitrations
  Jul 08, 2019
• Kalicki-chaired tribunal in place to hear gold and silver dispute under CAFTA-DR
  Jul 03, 2019
• India round-up: BIT claims withdrawn on cusp of hearings; another dispute is formally notified; and Japanese investor reportedly clears jurisdictional hurdles
  May 29, 2019
• Kuwait investment arbitration round-up: new claims, new appointments, and updates on procedural status of older cases
  May 10, 2019
• ANALYSIS: Unpacking the Eskosol v. Italy decision on EU-related jurisdictional issues
  May 08, 2019
• Tribunal rejects Achmea objection in ECT claim against Italy and sees no reason to terminate the proceedings even in light of recent EU member state's declaration
  May 07, 2019
• Azerbaijan facing a pair of unrelated ad-hoc BIT claims, one by Iranian and another by American
  Apr 12, 2019
• Analysis: Churchill & Planet Mining v. Indonesia annulment committee finds that parties’ discovery obligations can be limited by domestic law on confidentiality, and that procedural orders are outside a committee’s mandate
  Mar 24, 2019
• Churchill and Planet Mining fail to overturn adverse ICSID award, and are left to bear costs in fight with Indonesia
  Mar 19, 2019
• Despite ICSID tribunal’s decision that had enjoined Romania from pursuing extradition of a UK-based businessman, UK courts refuse to block process
  Mar 06, 2019
• Jean Kalicki chosen by parties to chair latest Spain Energy Charter dispute
  Jan 30, 2019
• An update on investor arbitration claims against Armenia
  Jan 24, 2019
• Analysis: in its review of von Pezold and Border Timber v. Zimbabwe awards, ad hoc committee rejects Zimbabwe's illegality and arbitrator impartiality complaints
  Nov 23, 2018
• Annulment committee weighs in with verdict on Zimbabwe awards
  Nov 22, 2018
• Panel of Cremades, McRae and Chen weigh in on conditions for stay of enforcement of mining award against Gambia, and effect of domestic liquidation process on investor's power to hire counsel
  Oct 22, 2018
• Tribunal rules for India in BIT case, dismissing claims of French investor and imposing hefty costs award
  Sep 11, 2018
• An update on investment treaty disputes involving the Government of India
  Aug 23, 2018
• Tribunal is now in place to hear claim by Turkish investor against Azerbaijan; Eduardo Zuleta will chair the proceedings
  Aug 21, 2018
• An update on investor arbitration claims under the Organization for Islamic Cooperation investment treaty
  Aug 15, 2018
• In latest decision to weigh in on a security for costs request, BIT tribunal rejects request and doubts existence of any 'right' to costs reimbursement
  Jul 26, 2018
• Three are named to hear claim by newspaper distributor that was seized by Turkish officials
  Jul 09, 2018
• Ad hoc committee in Indonesia case agrees to shield investor from an enforcement that might push it into bankruptcy – and declines to pierce veil to pursue shareholders – but stay requires some security
  Jun 24, 2018
• Saudi Arabia's challenge to Stanimir Alexandrov is rejected
  Apr 30, 2018
• ICSID taps Jean Kalicki to chair a new intra-EU BIT case: Addiko Bank v. Croatia
  Mar 20, 2018
• Arbitrator challenges: Bernard Hanotiau survives challenge in pending BIT arbitration; Saudi Arabia lodges challenge to Stanimir Alexandrov
  Mar 19, 2018
• Donald McRae chosen by parties to chair investment claim against Papua New Guinea
  Jan 02, 2018
• Indian state government seeks domestic court order to restrain Nissan's BIT arbitration, as claimant seeks interim measures to restrain India
  Dec 20, 2017
• BIT arbitration is revived after arbitrators find material breaches by government of earlier settlement, including commitment to desist with ongoing criminal investigations
  Dec 17, 2017
• Czech Republic round-up: an update on pending treaty-based claims
  Dec 06, 2017
• Tribunal in Laos casino arbitration clarifies earlier ruling on admissibility of new claims
  Nov 15, 2017
• Tribunal declines to reconsider bifurcation determination in latest Sanum v. Laos arbitration, and holds that it can't add a new claim that is outside of arbitration agreement
  Oct 25, 2017
• Nova Group v. Romania provisional measures order surfaces; arbitrators affirm power to enjoin criminal proceedings, but decline to do so
  Oct 18, 2017
• ANALYSIS: In a welcome development, an ICSID tribunal acknowledges the importance of offering comprehensive reasoning when ordering provisional measures - and explains why procedural integrity of arbitration might be in peril
  Oct 18, 2017
• In previously confidential rulings, stay of enforcement was lifted in Zimbabwe case, and ICSID panel gave the state another shot at effecting restitution of seized properties - but no payment or restitution was forthcoming
  Aug 27, 2017
• Italy claims: A trio of Energy Charter Treaty arbitrations emerge in Stockholm, a tribunal is appointed at ICSID, and some repeat-players are beginning to emerge
  Aug 24, 2017
• Asia round-up: China and Vietnam face new BIT claims - by Hela Schwarz GmbH and Trinh Vinh Binh respectively - as proceedings against Korea and Indonesia move forward
  Jun 22, 2017
• Arbitrators express doubts about a right to security for costs, but bankrupt claimant's "after-the-event" insurance policy obviates any need to rule definitively
  Jun 14, 2017
• Italy fails to secure summary dismissal of Eskosol solar case, despite protests that it defeated "identical" ECT claim by investor's majority shareholder
  May 22, 2017
• As Libya begins to see wave of investment treaty arbitrations, at least seven Turkish BIT claims are pursued at ICC
  Mar 31, 2017
• UNCITRAL tribunal is finalized to hear Russian oligarch's BIT claim
  Mar 27, 2017
• Jean Kalicki tapped to chair intra-EU BIT arbitration against Romania
  Nov 22, 2016
• Tribunals are finalized to hear claims against Italy and Egypt
  Oct 20, 2016
• Tribunal is finalized to hear latest iteration of Laos gambling controversy
  Oct 12, 2016
• Kazakhstan mining arbitration ready to proceed now that tribunal is finalized
  Jul 13, 2016
• Two veterans and one rookie are selected to hear Gambia's bid to annul arbitral award in favour of miner
  Feb 01, 2016
• ICSID names chairman in Total v. Uganda BIT arbitration
  Jan 03, 2016
• Zimbabwe and Bolivia awards to be reviewed by recently-selected annulment committees at ICSID
  Dec 21, 2015
• INVESTIGATION: latest developments in the six pending BIT arbitrations against India (and in other threatened disputes)
  Dec 11, 2014
• Arbitrators selected in ICSID claims brought by Tullow Oil against Uganda
  Jun 30, 2014
• Co-arbitrators in mining dispute rule that ICSID acted within its authority when it nominated an arbitrator after Gambia failed to do so within prescribed time limit
  May 20, 2011
• The Gambia files challenge to arbitrator in Australian mining company’s case at ICSID
  Sep 15, 2010