Dr Bernhard Berger
Master of Laws (LL.M.), Harvard Law School (2001); Ph.D. (doctor iuris), University of Berne Faculty of Law (2000); JD Degree, University of Berne Faculty of Law (1992-1997), Admission to the Swiss Bar (1997).
Partner, Kellerhals Attorneys at Law (Team Litigation and Arbitration), Basel, Bern and Zurich.
Joined Kellerhals in 2001; Research Assistant at University of Berne Faculty of Law, Department of Professor Dr Wolfgang Wiegand (1997–2000).
Chairman, sole arbitrator, co-arbitrator and counsel in numerous international and domestic arbitrations (including under the ICC, SCAI, LCIA, SIAC, CAS, UNCITRAL Rules, and ad hoc proceedings). Legal expert on Swiss arbitration law matters in various arbitrations and court proceedings (in Switzerland and abroad). Counsel in arbitration-related court proceedings (recognition and enforcement, setting aside, revision of awards).
Areas of Specialisation
Agency / distribution / franchising; mergers and acquisitions; joint ventures / consortia / shareholder agreements; sales / purchases; construction; oil and gas.
Representative cases in this particular field include disputes arising from:
- Turnkey-Contract for the engineering and construction of a system of cold/hot water and steam pipelines for an oil refinery in France.
- Contract for the construction and joint development of a LPG plant in Kazakhstan
- EPCC Contract for topside facilities for stand-by jetty at an LNG terminal in India
- FIDIC Contract for the construction/amelioration of a highway in Romania
- EPCC Contract for a biomass power plant in Germany
- Contract for the supply, erection and commissioning of an automated module line for a client in the photovoltaic industry
- Contract for the civil works regarding the construction of a combined cycle power plant in Italy
Panel of Arbitrators
List of arbitrators of ICC Switzerland.
“I can't say enough good things about Bernhard Berger,” enthuses one client, who adds: “He’s incredibly sharp and knowledgeable about international arbitration and Swiss law, and his work is straightforward and clear.” Berger heads the dispute resolution team, and is further commended as being “very talented.” (Chambers Global 2014)
“In Bern, domestic and international arbitration expert Bernhard Berger is ‘approachable, strategic, friendly and a pleasure to work with’.” (Legal 500)
Vice-President of ASA (Swiss Arbitration Association); Member of the Arbitration Court and Special Committee of the Swiss Chambers’ Arbitration Institution; Lecturer at University of Bern Faculty of Law; Member of the Editorial Board of the ASA Bulletin; Member of the Editorial Board of Revue de la société des juristes bernois (RSJB/ZBJV).
German, French, English.
Author Energy Law at Digitaler Rechtsprechungs-Kommentar