Professor Dr. Klaus Peter Berger, LL.M.
Arbitrator experience (selected cases):
Eight consolidated ad hoc arbitrations concerning disputes between shareholders and two operating companies of a European multinational (president)
Two consolidated ad hoc arbitrations involving a joint venture dispute in the German heavy industry (president)
Three ICC arbitrations (two as co-arbitrator, one as sole arbitrator) involving technical issues in the production and maintenance of passenger aircraft, including airworthiness and metallurgical issues (co-arbitrator)
ICC arbitration concerning a dispute between a European aircraft manufacturer and a Chinese company arising out of a long-term contract for the marketing of leisure aircrafts, the contract being governed by the UNIDROIT Principles of International Commercial Contracts to the exclusion of any domestic law (co-arbitrator)
Ad hoc arbitration concerning, inter alia, force majeure/hardship and take-or-pay issues arising out of a long-term gas delivery contract between a North European and an East European company (co-arbitrator)
ICC arbitration concerning a dispute arising out of four loan agreements and corresponding payment guarantees between a German bank and three companies from the UAE (co-arbitrator)
Ad hoc arbitration concerning a contractual dispute involving the Formula One racing driver Oscar Piastri and two Formula One racing teams under the arbitration rules of the Drivers‘ Contract Recognition Board (CRB) of the Fédération Internationale de l’Automobile (FIA) (co-arbitrator) Oscar Piastri
ICC arbitration concerning delivery‑, quality- and other issues arising out of two long-term gas delivery contracts between two state corporations in the Near-East (co-arbitrator)
LCIA arbitration concerning a dispute arising out of various technical issues of sub-sea gas exploration in the North Sea between a party from Italy and a party from Northern Europe (co-arbitrator).
- See: A Teaching Session for the Efficient Management of Technical Evidence in International Arbitration, Kluwer Arbitration Blog, Januar 18, 2019 (together with McIlrath, Gilbert, Lew and Perkins), Kluwer Arbitration Blog
ICC arbitration between a company from the Arab region and three German automotive companies concerning a dispute arising out of two general distribution agreements for the distribution of motor vehicles and involving, inter alia, legal issues relating to the validity of a limitation-of-liability clause under German law on standard terms (secs. 305 et seq BGB) (co-arbitrator)
DIS arbitration concerning a dispute arising out of a lease agreement for sub-soil gas storage caverns and related to the construction and technical condition of some of these caverns between a party from Germany and two other companies from Germany (president)
ICC arbitration between a German automotive OEM and a European subsidiary of a German heavy industry company concerning damage claims arising out of a development and delivery contract for certain electronic parts in the automotive industry (president)
ICC arbitration between three banks as claimants and another bank and a European state as respondents concerning a dispute arising out of a Consortium and Shareholders’ Agreement for the acquisition, restructuring and segregation of a multinational banking group (president)
ICC arbitration concerning damages arising out of an industrial auction process for the delivery of certain automotive parts and involving parties from Germany and Asia (president)
ICC arbitration concerning a Purchase and Sale Agreement for the entire issued share capital of two special purpose companies that owned participating interests in a production sharing contract and a risk service agreement related to the exploration and development of offshore oil fields between the subsidiary of an independent oil company headquartered in the US and an African state-owned company (president)
ICC arbitration concerning claims arising out of a patent license agreement between a German company and a company from Asia (president)
ICC arbitration concerning a dispute arising out of a Master Sale and Purchase Agreement concluded between a German multinational and a company from the US and related to the sale of a sector of the German party’s business (co-arbitrator)
ICC arbitration concerning technical issues related to cellphone communication technology between a company from Africa and a company from the US (co-arbitrator)
ICC arbitration concerning various sale and purchase agreements as well as other agreements and a consulting agreement between the Dutch subsidiary of a multinational from Northern Europe and two parties from the Caribbean and from Turkey (president)
ICC arbitration concerning claims resulting from close-out netting under a 2002 ISDA Master Agreement (including legal issues related to ex parte proceedings, anti-arbitration injunctions and cross-border insolvency) and concluded for purposes of hedging foreign exchange risks between a bank from the US and a company from India (president)
Two ad hoc arbitrations concerning price adaptation in two long-term gas delivery contracts involving the German subsidiary of a gas maketing company from the US and a German gas importing company (president)
ICC arbitration concerning a dispute arising out of a credit card provider contract between a company from the UK and a credit card service company from Europe (president)
DIS arbitration concerning the valuation of one of the largest options ever concluded in Germany between a German bank and the insolvency administrator of a German company (president)
LCIA arbitration concerning a dispute between consortium members arising out of an Airport Development Agreement for the development of a new international airport in the capital of a country in Southern Europe between a German party as claimant and a party from Germany and the airport‘s operating company from that country as respondent (co-arbitrator)
ICC arbitration concerning a dispute arising out of two License and Co-Development Agreements for the development and licensing of a medical product between a company from Denmark and a company from Switzerland (president)
DIS arbitration concerning reciprocal multi-billion-euro claims arising out of contractual penalty clauses between companies from Germany (co-arbitrator)
ICC arbitration concerning a dispute arising out of the sale of a multi-million dollar portfolio of collateralized non-performing loans (NPLs) between a German bank and an investment company from the US (co-arbitrator)
ICC arbitration concerning a dispute arising out of a contract for the delivery of a newly developed industrial machine for the production of certain industrial components and involving, inter alia, legal issues relating to the validity of a limitation-of-liability (cap) clause under German law on standard terms (secs. 305 et seq BGB) between a German industrial company and a company from a European country (co-arbitrator, excerpts of the partial award reprinted in SchiedsVZ 2005, 108 et seq)
ICC arbitration concerning a dispute arising out of a contract for the design, production and supply of the main and auxiliary equipment for use in a steam turbine power plant between a company from Hungary and a party from the Russian Federation (co-arbitrator)
Two LCIA arbitrations concerning the repayment of loans under two international loan agreements between a German bank and a company from Ukraine (co-arbitrator)
ICC arbitration concerning a dispute arising out of a long-term contract for the production of various dairy-based cheese products between a German company and five companies from Germany, Switzerland, Austria, Belgium and Spain (president)