THE AUTHORS:
Shreeya Dharmatti, Indian Lawyer
Anandini Saha, Indian Lawyer
In a compelling fireside chat held on 23 May 2024, prominent international arbitrator Ms. Jean Kalicki of the Arbitration Chambers shared some invaluable advice for junior international arbitration lawyers on effective advocacy and investor-state disputes. The event was moderated by SG VYAP Founder and Chair Ms Sunita P. Advani (Arbitral Assistant to Mr Michael Lee of Twenty Essex) and Mr Samuel Teo (Associate, WongPartnership LLP).
Ms. Kalicki is currently an independent arbitrator specializing in investor-state as well as international and complex commercial disputes. Before becoming a full-time independent arbitrator in 2016, she was a partner at Arnold & Porter LLP, where she served as counsel in high-stakes international disputes. Ms. Kalicki also has vast experience in arbitrator work, having served as tribunal chair, sole arbitrator or co-arbitrator in over 100 cases spanning six continents.
Ms. Kalicki began the fireside chat by sharing the best piece of advice she had ever received which came from her mother, and which has guided her throughout her career: “Everything important in life is washable“. These words encouraged her not to be afraid of making mistakes, trying new things, and embracing challenges.
While recounting her childhood days, Ms. Kalicki fondly remembered her mother as a role model in her life. In particular, her mother’s ability to lead in different fields in her career while prioritizing family at the same time left a lasting impression on her, and served as a constant reminder of the importance of finding a balance between one’s professional aspirations and personal commitments.
In sharing about her experience as a working professional, Ms. Kalicki emphasized that career paths are often unpredictable. Despite meticulous planning, unforeseen opportunities and challenges can lead us in unexpected directions.
Ms. Kalicki also recounted a pivotal moment early in her career when she had to choose between admitting ignorance or feigning knowledge during a job interview. Her eventual choice to admit to her ignorance / lack of knowledge underscored the value of honesty over deceit, a principle she believes is fundamental to maintaining credibility in the legal profession.
When asked about her most memorable arbitration, Ms. Kalicki did not highlight a single case, but instead emphasized that the most memorable cases were the ones that challenged her capabilities and pushed her boundaries. She encouraged all young lawyers to believe in themselves and in their ability to rise to the challenge, and not be afraid of jumping in at the deep end of things.
Ms. Kalicki also spoke passionately about the value of active mentorship. She recounted a pivotal moment that significantly advanced her career when one of her mentors, Bill Rogers, vouched for her in front of their clients, with a simple sentence: “I have faith in her, so you should have faith in her too”. Effective mentors, she explained, are those who not only provide feedback and guidance but also create opportunities for their mentees to shine publicly, whether it be an invitation to speak at a conference or an opportunity to be a listed co-author in an article.
While discussing what defines a truly effective advocate, Ms. Kalicki once again emphasized the importance of credibility. “Once you lose that, it never comes back,” she cautioned. Effective advocacy involves triaging key points, weaving in memorable themes to tell a cohesive story, and remaining loyal to the evidence. Misrepresenting evidence, she warned, is a sure way to lose credibility with the tribunal. Ms. Kalicki also identified overpromising, deliberate misrepresentation of evidence, and hostile behaviour between opposing counsel as detrimental traits that not only damages a counsel’s reputation, but also makes the arbitration process unpleasant and ineffective. Ms. Kalicki also humorously suggested that in such hostile or unpleasant situations, she (as an arbitrator) would adopt her mother’s solution of calling for a “time out” so that counsel are given some time to cool down.
While addressing a question on ways to gain experience in international arbitration, Ms. Kalicki expressed optimism about the diversifying pathways into international arbitration, such as roles in boutique firms, generalist litigation roles, academia, or roles in arbitral institutions. She emphasized that the starting point of one’s career is less important than the skills developed along the way. In order to succeed in a career in international arbitration, it is crucial that one builds up their oral advocacy and persuasive writing skills, and constantly seek opportunities to hone these skills.
For junior lawyers looking to build up their profiles outside their organizations, Ms. Kalicki advised that one could leverage on platforms such as LinkedIn, engage with arbitration institutions, and participate in external events. She stressed the importance of being known outside of one’s organization in order to build a robust professional network.
In addressing the challenges of balancing one’s career and parenthood, Ms. Kalicki encouraged all young lawyers (and not just women) to embrace “non-linear” career paths. She shared her own experience of taking extended maternity leaves, working part-time, and prioritizing family over career advancement at certain stages. “There will be a time in your career when you can emphasize work again, but prioritize the relationships in your life,” she advised, noting that professional achievements will matter less in hindsight compared to personal relationships. Ms. Kalicki also highlighted that modern technology and global work environments now offer greater flexibility for working parents.
To end off the fireside chat, Ms. Kalicki urged young lawyers, especially women, to resist the instinct to wait for an invitation to the table and instead advocate for themselves, take on new challenges, and build their confidence through experience.
The fireside chat with Ms. Kalicki, which emphasized the importance of integrity, mentorship, effective advocacy, networking and balancing one’s personal and professional life, provided rich insights into the world of international arbitration. Ms. Kalicki’s advice to junior lawyers to remain honest, seek diverse experiences, and confidently pursue opportunities resonated with the audience, and offered valuable guidance to those navigating their careers in international arbitration.
* Editor: Bernice Tan, Senior Associate at Drew & Napier
ABOUT THE AUTHORS
Anandini Saha is an Indian qualified lawyer. She has recently graduated from the National University of Singapore where she was pursuing an LLM specialised in International Arbitration and Dispute Resolution.
Specialising in International Arbitration and Dispute Resolution, Shreeya Dharmatti is an India-qualified lawyer who has recently graduated from the Masters in Law programme at the National University of Singapore.
*The views and opinions expressed by authors are theirs and do not necessarily reflect those of their organizations, employers, or Daily Jus, Jus Mundi, or Jus Connect.
