Bernhard Maier is a senior associate in our International Dispute Resolution Practice. He is qualified in both England and New York and has extensive experience working on investment treaty disputes, commercial arbitrations, and a wide range of contentious and non-contentious public international law matters.

    Bernhard is a member of the UK Attorney General’s C Panel of Public International Law Counsel to the Crown and a visiting lecturer at King’s College London.

    Highlights of Bernhard’s practice include successfully acting for a party in a multibillion-dollar ICSID arbitration pertaining to the mining industry and representing a Caribbean state in a high-profile investment treaty claim involving international environmental law.

    Bernhard has acted for claimant and respondent parties in a wide range of investment treaty and commercial arbitration matters (including under the Energy Charter Treaty and ICSID, UNCITRAL, ICC, LCIA, VIAC, DIS and AAA Rules), as well as related cross-border litigation and enforcement issues.

    Bernhard has also advised a P5 state on asserting its sovereign immunity before EU member state courts and tribunals and delivered practical training in international economic law to government officials of a Middle East state.

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    Arbitration

    • Acting for the investor in the OI European Group B.V. v. Venezuela annulment proceedings.
    • Acting for the investor in the Libananco Holdings Co. Ltd. v. Turkey ICSID annulment proceedings.
    • Representing the investor in the Koch Minerals SARL and Koch Nitrogen SARL v. The Bolivarian Republic of Venezuela ICSID proceedings.
    • Representing the Slovak Republic in an UNCITRAL investment treaty arbitration pertaining to an alleged investment in the mineral water sector.
    • Acting for the government of a major Africa state in a multibillion-dollar investment treaty arbitration pertaining to the mining sector.
    • Representing the government of Barbados in the Allard v. Barbados UNCITRAL investment treaty arbitration.
    • Representing the applicant in the Alapli Elektrik B.V. v. Republic of Turkey ICSID annulment proceedings.
    • Acting for the investor in the Kilic v. The Republic of Turkmenistan ICSID proceedings.
    • Representing the claimants in the GEA Group Aktiengesellschaft v. Ukraine ICSID arbitration.
    • Representing a major oil and gas company in a commercial arbitration involving a high-value pipeline investment in a Middle East state (ICC Rules).
    • Representing the claimant in a commercial arbitration involving a hydrocarbon investment in an Asia state (ICC Rules).
    • Representing a gas buyer in a high-profile Swiss-seated ICC arbitration pertaining to a long-term contract for the supply of natural gas, including dealing with issues of European Union competition law.
    • Representing a manufacturer in a multimillion-dollar LCIA arbitration relating to a supply contract.
    • Advising the claimant in relation to a potential dispute arising out of an investment in the mining sector in Southeast Europe.
    • Representing the respondent in a high-profile LCIA arbitration relating to an investment in the telecommunications sector.
    • Advising an investor in relation to a dispute arising out of its investment in a mining project in an East Asia country.

    Public International Law

    • Advising a P5 member state in relation to a potential free trade and investment agreement with another P5 member state.
    • Delivering practical training in public international law to government lawyers in a Middle East state.
    • Representing the government of a P5 state in defending its right to sovereign immunity before EU member state courts and tribunals.
    • Advising a regional customs union on the establishment of as standing tribunal to deal with matters pertaining to the union.
    • Advising the European Energy Commissioner in resource-related negotiations between two Caspian littoral states.

    Education

    • University College London, LL.M.
    • The University of Southampton, LL.B., (Hons.)

    Admissions

    • England and Wales, 2015
    • England and Wales (Higher Rights of Audience, Civil)
    • New York, 2012

    Languages

    • English
    • German
    • Spanish

    Speaking Engagements

    • Moderator, “Institutional Practices: Behind the Scenes”, Co-organised by the PCA, LCIA, DIS and Wilmer Hale, London, October 2018.
    • Panellist, “The ICSID Secretariat’s Proposals for Rule Amendments: Transparency and Special Procedures”, Young ITA London, October 2018.
    • Panellist, “Brexit and the Energy Charter Treaty”, The Future of Investment Arbitration in Europe, Association for International Arbitration (AIA) Symposium, Brussels, June 2018.
    • Convenor, “How to Secure First Arbitral Appointments and How to Retain Them”, co-organised with DIS-40, London, December 2017.
    • Speaker, , “International Energy Law and the Role of an Energy Disputes Lawyer in the Sector”, Graduate School of Natural Resources Law, Policy & Management of the University of Dundee’s Centre for Energy, Petroleum and Mineral Law and PolicyDundee, 2017.
    • Speaker, “Trade and Investment post Brexit”, British Institute of International and Comparative Law, London, September 2016.
    • Speaker, Renewable Energy, Sustainable Development and Arbitration, German Institution of Arbitration (DIS), Hamburg, April 2016.
    • Speaker, Advocacy in International Arbitration, DLA Piper Arbitration Seminar Series, 2016.
    • Speaker, “Career Opportunities in Public International Law”, Southampton University.
    • Speaker, Africa Investment Protection in West Africa: Practical Considerations, Mining Projects, Law and Regulation in West Africa Forum, London.

    Publications

    • Author, “The Many Identities of the European Union: Exploring the Rival Trade and Investment Ambitions of Organization and Members”, Manchester Journal of International Economic Law, 13(3) MJIEL 357-388, 2016.
    • Co-author, “A Comparative Analysis of the ECT and BITs in Light of Evolving EU Policy”, The Leading Practitioners’ Guide to International Oil & Gas Industry Arbitration, 2015.
    • Co-author, “The External Dimension of EU Energy Regulation”, Legal Aspects of EU Energy Regulation, Second Edition, OUP, 2015.
    • Author, “Know-How Barbados”, Global Arbitration Review, 2015.
    • Author, “How has international law dealt with the tension between sovereignty over natural resources and investor interests in the energy sector? Is there a balance?” International Energy Law Review.
    • Author, “How has the Law Attempted to Tackle the Borderless Nature of the Internet?” International Journal of Law and Information Technology.
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