Carl Baudenbacher

Carl Baudenbacher (born September 1, 1947 in Basel ; legal domicile in Murten ) is a Swiss lawyer . From 1987 to 2013 he was a full professor at the University of St. Gallen . From 2003 to 2018 he was President of the EFTA Court in Luxembourg. Since May 2018 he has been an independent arbitrator and advisor to companies, law firms, governments and parliaments.

Life

Baudenbacher studied law at the University of Bern from 1967 to 1971 , where he also received his doctorate in 1978. In 1983 he completed his habilitation at the University of Zurich . After acting as professor and visiting professor in Germany, he became professor for private law at the University of Kaiserslautern in 1987 . From 1987 to 2013 he held the chair for private, commercial and business law at the University of St. Gallen, and from 1990 to 2014 director of the Institute for European and International Business Law there. Since 2014 he has been director of the Center of European and International Law at the University of St. Gallen. In 1995 he founded the post-graduate program at the University of St. Gallen in European and International Business Law "Executive MBL-HSG", which is carried out in Europe, the USA, Japan and China. From 1993 to 2004 he was Visiting Professor of International and European Law at the School of Law of the University of Texas at Austin .

From 1990 to 1994, Baudenbacher was an advisor to the government of the Principality of Liechtenstein on questions of European law. In 1994/95 he was a member of the Princely Supreme Court . From September 1995 to April 2018 he was the judge nominated by the Principality of Liechtenstein at the Court of Justice of the European Free Trade Association (EFTA), which he presided over from 2003 to 2017. The EFTA Court of Justice is competent to rule on cases that originate in the EFTA pillar of the European Economic Area (EEA). Iceland, Liechtenstein and Norway currently belong to the EFTA pillar.

From 1999 to 2007, Baudenbacher led the Vienna Globalization Symposium together with the former Austrian Vice Chancellor Erhard Busek . Baudenbacher is a speaker at international conferences, particularly in the areas of antitrust law, EU / EEA law, international courts and arbitration. He lectures at European, US, Latin American and Asian universities.

In 2014, Baudenbacher was a member of the Independent Investigation Commission of the Austrian Federal Government to investigate the incidents in connection with Hypo Alpe-Adria-Bank International AG (so-called Griss Commission ).

Advice and arbitration

Since his resignation from the EFTA Court, Baudenbacher has been active as an independent arbitrator and advisor. He has his own company in St. Gallen (Switzerland) and is a member of Monckton Chambers, London. Baudenbacher advises private clients, including law firms. He specializes in coaching legal teams, writing legal opinions and working as a mock trial judge. He is an arbitrator and expert in international arbitration proceedings.

Publications

Carl Baudenbacher has written more than 40 books and over 280 articles on European and international law, law of obligations, labor law, fair trading law, antitrust law, corporate law, intellectual property law, comparative law, arbitration and international courts.

Important publications :

• Judicial Independence. Memoirs of a European Judge, Springer 2019.
• The Swiss EU plot, Münster-Verlag 2019.

Proceedings before the European courts of law in competition and state aid matters, in: Bornkamm / Montag / Säcker, Munich Commentary on European and German Competition Law, 3rd edition, Munich 2019, (with Moritz am Ende and Theresa Haas) (in press)

• The Fundamental Principles of EEA Law. EEA-ities, (Ed.) Springer 2017.
• The Handbook of EEA Law, (Ed.), Springer 2016.
• Swiss Economic Law Facing the Challenges of International and European Law, ZSR 2012 II, 419-673.
• The EFTA Court in Action - Five Lectures, Stuttgart: German Law Publishers 2010, ISBN 978-3-941389-04-5 .
• Evaluation of the Cartel Act: Institutional Setting - Vertical Agreements - Sanctioning of Individuals - Civil Law Proceedings, Structural Reporting by the State Secretariat for Economic Affairs, No. 44/3, Bern: State Secretariat for Economic Affairs SECO 2009.
• Dispute Resolution, Stuttgart 2009.
• Proceedings before the European Courts in competition and State aid cases, in: Hirsch / Montag / Säcker, Competition Law: European Community Practice and Procedure, Thomson / Sweet & Maxwell 2008, 2535-2753 (with Dirk Buschle).
• Unfair competition law, commentary on the federal law against unfair competition (UWG), Helbing & Lichtenhahn: Basel / Geneva / Munich; WIV Wirtschaftswwissenschaftlicher Verlag: St.Gallen / Berlin 2001.

Festschriften

• The Art of Judicial Reasoning, Festschrift in Honor of Carl Baudenbacher, Selvik, G., Clifton, M.-J., Haas, T., Lourenço, L., Schwiesow, K. (Eds.), Springer 2019.
• Economic Law and Justice in Times of Globalization: Festschrift for Carl Baudenbacher, edited by Mario Monti, Nikolaus von und zu Liechtenstein, Bo Versterdorf, Jay Westbrook, Luzius Wildhaber (Editor), Baden-Baden / Bern / Vienna 2007.

Awards

• 2003 Cross of Honor for Science and Art First Class of the Republic of Austria
• 2003 Carl H. Fulda Award from the Texas International Law Journal
• 2004 Small State Prize from the Herbert Batlin European Institute in Salzburg
• 2007 Golden Medal of the City of Vienna
• 2012 Dr. rer. pole. hc from Leuphana University
• 2015, 2016 and 2017: Listed as one of the 15 most influential thinkers in Switzerland by the Basler Zeitung
• 2018 Commanders Cross (Stórriddarakross) of the Order of the Hawks of the Republic of Iceland
• 2018 Commander's Cross with the star of the Princely Liechtenstein Order of Merit

Web links

• Carl Baudenbacher's website
• [1]

Individual evidence