Dr. Bernhard Berger

Attorney at Law, Partner, LL.M. (Harvard)

 

One of the leading arbitrators in Switzerland – Chambers Global

 

About

Bernhard co-heads Kellerhals Carrard's arbitration practice, focussing on international arbitration and commercial litigation. His areas of expertise include agency, distribution, licensing, franchising, joint ventures, M&A transactions, oil and gas, construction as well as international sales of goods. He is frequently chosen as a party-appointed arbitrator and chairman of international arbitrations. His experience extends to proceedings under the ICC Rules, Swiss Rules, LCIA Rules, SIAC Rules, rules of other institutions, ad hoc and investment arbitrations.

 

Bernhard holds an LL.M. from Harvard Law School (2001) as well as a Ph.D. (2000) and a law degree (1997) from the University of Berne. He is admitted to the Swiss Bar (1997).

 

 

Bernhard has authored numerous publications on matters of international commercial arbitration, civil procedure and commercial law, including the well-known book on "International and Domestic Arbitration in Switzerland" (4th edition, 2021).

 

Downloads

Languages

  • German
  • English
  • French

Experience

Ranking & Awards
Career
Memberships
Education
Further Activities
  • Chambers Global (2024): "Academically and legally he is one of top practitioners in Switzerland. He is relaxed, making a good atmosphere, but has sufficient gravitas to keep the parties in order."

  • Legal 500 (2024): "Bernhard Berger: One of the best arbitration practitioners with a solid command of procedural issues."

  • Chambers Global (2023): „Bernhard Berger has notable experience in construction and contractual arbitrations. He acts as both arbitrator and arbitration counsel."
  • Chambers Global (2022): „Bernhard Berger is uniformly acknowledged for his arbitration expertise, frequently acting as an arbitrator over a range of disputes, including post-M&A cases. He also represents clients in ICC arbitrations. A source reports: 'He grasps the relevant issues very quickly and is very well organised.'“
  • Chambers Global (2021): „Bernhard Berger has a 'brilliant legal mind', according to interviewees. He is uniformly acknowledged for his arbitration expertise, frequently acting as an arbitrator over a range of disputes, including post-M&A and construction cases. He also represents clients in ICC arbitrations. One impressed source describes him as 'calm, friendly, organised and well prepared'.“
  • Legal 500 (2020): „Bernhard Berger is a very respected and well-versed arbitrator; great attention to details while not losing the big picture.“
  • Chambers Global (2020): „Bernhard Berger acts as both counsel and arbitrator in international arbitrations, with further expertise in acting as chairman of the arbitral tribunal. He also represents clients in procurement disputes. Interviewees report that he is 'very quick and combines excellent legal knowledge with a business mindset.' One impressed source describes him as 'very thorough, very well prepared, with a very high level of integrity and very robust intellectually'.“
  • Chambers Global (2019): „Bernhard Berger is highly regarded as a chairman for arbitral tribunals, with commentators describing him as 'one of the leading arbitrators in Switzerland,' and highlight his 'good preparation and sound legal understanding.' His cases include breach of contract and commercial agreement arbitrations. In addition Berger acts as counsel on set-aside proceedings and procurement arbitrations, often representing the respondents.“
  • Chambers Global (2018): „According to one client, Bernhard Berger is a 'pleasure to work with' and 'perfectly combines pragmatism, efficiency and profound scholarly knowledge'.“
  • Chambers Global (2017): „Bernhard Berger is an arbitration expert acting as counsel and serving as arbitrator. One source says he 'really is excellent,' with another adding: 'He did everything possible you can do on an arbitration case with incredible calmness. I would recommend him anytime.' He focuses on corporate and commercial disputes.“

- Since 2009: Partner of Kellerhals Carrard

- 2001– 2008: Associate with Kellerhals

- 1997–2000: Research and Teaching Assistant at the University of Berne Faculty of Law, Institute for Banking Law

- Bernese and Swiss Bar Associations

- Swiss Arbitration Association

- London Court of International Arbitration

- German Institute of Arbitration

 

2001: LL.M., Harvard Law School

 

2000: Ph.D. (Dr. iur.), University of Berne Faculty of Law, Walther Hug Award (2001)

1997: JD Degree, University of Berne Faculty of Law

 

- President of the Board of Directors of the Swiss Arbitration Centre

- Member of the Board of ASA (Swiss Arbitration Association; Vice-President 2013–2020)

- Member of the Arbitration Court and the Special Committee of Swiss Chambers' Arbitration Institution (SCAI; 2009-2019)

- Lecturer at the University of Berne Faculty of Law (2007–2014)

- Lecturer at Schweizerischen Richterakademie (SRA) / Académie Suisse de la magistrature (ACSM), University of Lucerne (since 2009)

- Member of the Editorial Board of Bulletin ASA

- Member of the Editorial Board of Zeitschrift des Bernischen Juristenvereins (since 2005)

- Honorary Legal Advisor to His Majesty's Ambassador at the British Embassy Berne (since 2017)

 

Scientific publications

Scientific publicationsCommentaries
2022

Articles 7 and 186 of the Swiss Private International Law Act, in: Regina E. Aebi-Müller/Christoph Müller (Eds.), Internationale Schiedsgerichtsbarkeit, Art. 176-194 IPRG sowie Art. 7 und 196 IPRG, Berner Kommentar, Bern 2022. Co-Author: Olivier Mosimann

Dr. Bernhard Berger

Contact

Bern

Effingerstrasse 1
Postfach
CH-3001 Bern


Tel. +41 58 200 35 00
Fax +41 58 200 35 11
info@kellerhals-carrard.ch
 

Kellerhals Carrard

Basel ∣ Bern ∣ Geneva ∣ Lausanne ∣ Lugano ∣ Sion ∣ Zurich


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