Carl BaudenbacherCarl Baudenbacher

Born: 1947Bildschirmfoto 2016-12-13 um 22.47.57

Nationality: Swiss

Education and professional activities:

Carl Baudenbacher is a full professor of civil, commecial and business law and the managing director of the Institute of European and International Business Law at the University of St. Gallen HSG. He is the president of the EFTA Court. Baudenbacher received his doctoral degree from the University of Bern in 1978 and his habilitation from the University of Zürich in 1982. He was an acting professor of law at several German Universities and a full professor at the University of Kaiserslautern. Since 1987 he holds the Chair of private, commercial and economic law at the University of St Gallen HSG. Since 1990, he has also been managing director of the Institute of European and International Business Law at the University of St. Gallen HSG. Baudenbacher co-founded the global postgraduate program Executive Master of European and International Business Law E.M.B.L.-HSG in 1995 which takes place in Europe, the U.S., Japan and China. He is chairman of the St. Gallen International Competition Law Forum (ICF), the St. Gallen International Energy Forum (IEF) and the St. Gallen International Dispute Settlement Conference (IDSC). From 1999 to 2007, Baudenbacher chaired the Vienna Globalization Symposium with the former Vice-Chancellor of the Republic of Austria, Dr. Erhard Busek. From 1994-1995, Baudenbacher served as a member of the Supreme Court of the Principality of Liechtenstein. In 1995, he was appointed judge of the Court of Justice of the European Free Trade Association (EFTA) upon a proposal of the Principality of Liechtenstein. Since 2003, Baudenbacher has been the court’s president.

Baudenbacher has acted as an arbitrator and as an expert witness in international arbitration cases. Furthermore, he was the main expert advisor to the government of the Principality of Liechtenstein during the multilateral negotiations on the establishment of a European Economic Area (EEA). He also advised the president, the government and the parliament of the Swiss Confederation on matters of European integration, competition law and of copyright law, the Israeli government on matters of unfair competition and trademark law and the government of the Russian Federation on matters of competition law. Baudenbacher is a much sought-after speaker at international conferences in particular on competition law, EU/EEA Law, and the law of international adjudication and arbitration. He is also invited on a regular basis to speak on these topics in European, U.S.-American and Asian universities.

List of publications: 

Lauterkeitsrecht, Kommentar zum Bundesgesetz gegen den unlauteren Wettbewerb (UWG) (Co-authored by Helbing, Lichtenhahn), Basel/Genf/München 2001.

Judicialization of European Competition Policy, in: International Antitrust Law & Policy, 353 et seqq., Fordham University School of Law 2001.

Facets of an EEA Constitutional Order, in: Colneric//Edward/Puissochet/Ruiz-Jarabo (Eds.), Une communauté de droit, Festschrift for Gil Carlos Rodriguez Iglesias, 343 et seqq., Berlin 2003.

EFTA Court, Legal Framework and Case Law, 3rd Edition, Luxembourg 2008.

State liability as European ius commune: The Case of the European Economic Area, in: Fedke/Sir Markesinis (eds.), Patterns of Regionalism and Federalism: Lessons for the UK, The Clifford Chance Lectures, Vol. VIII, P. 191-199, Oxford/Portland 2006.

Dispute Resolution, Stuttgart 2009.

The EFTA Court in Action – Five Lectures, Stuttgart 2010.

Switzerland as a Spearhead of Competition Law in Europe? European Law Reporter No. 4/2011, P. 114-118, 2011.

Aktuelle Entwicklungen des Europäischen und Internationalen Wirtschaftsrechts, Baudenbacher/Kokott (Eds.), Volume 14, Basel 2012.

Handbook of EEA Law, 2016