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Rafael Bernal

Rafael has more than 40 years of experience in dispute resolution – both national and international. He served as director of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota. He participated as a coordinator for the private sector of the investment and dispute settlement table in the negotiation of the Free Trade Agreement between the United States of America and the Republic of Colombia. He has acted as a consultant in alternative dispute resolution mechanisms and as a drafter of national and international arbitration laws in ten jurisdictions in Latin America.

Credentials

Relevant Experience

  • Rafael Bernal has more than 40 years of professional experience in international and domestic dispute resolution. He is an international arbitrator, national arbitrator and consultant specialized in the infrastructure, telecommunications and corporate, civil and commercial law sectors.
  • El Sr. Bernal se desempeñó durante casi 20 años como director del Centro de
    Mr. Bernal served for almost 20 years as director of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá. During his tenure, Mr. Bernal positioned the aforementioned Arbitration and Conciliation Center as the leader in Latin America, which was evidenced by obtaining numerous international recognitions by transnational organizations specialized in dispute resolution. During 2017 he directed the Arbitration Center of Chamber of Commerce of Medellín.
  • In addition, Mr. Bernal served as president, vice-president and Deputy Director of the Inter-American Arbitration Commission (CIAC), where he was responsible, among other matters, for the management of the arbitration proceedings administered by such commission. He also participated as a coordinator for the private sector of the investment and dispute settlement table in the negotiation of the Free Trade Agreement between the United States of America and the Republic of Colombia.
  • By virtue of his recognized leadership in the region, Mr. Bernal has acted as a consultant specializing in alternative dispute resolution mechanisms and as a drafter of national and international arbitration laws in ten Latin American jurisdictions including Peru, Argentina, Honduras, Nicaragua, among others.
  • Mr. Bernal has served as Legal Vice President of the Chamber of Commerce of Bogota, of which he has also been appointed as president in charge on multiple occasions. He has also belonged to the Boards of Directors of commercial and industrial companies in the Construction, Investment, Coffee, Chemical and Agro-industry products sectors, as well as entities in the Financial and Stock sectors.

Education

Undergraduate:

  • Law Degree, Universidad del Rosario, Bogotá, Colombia

Post-graduate Studies:

  • Specialized courses on Arbitration in Oxford, England and Paris, France.

Academic and Publications

  • Mr. Bernal has been professor of undergraduate and postgraduate subjects including, Obligations, Commercial Law and Arbitration at several universities in Colombia, including Universidad del Rosario, Universidad de los Andes, Universidad Externado and Universidad Sergio Arboleda.
  • Additionally, he has been Guest Professor of the Arbitration Seminar at the Universidad Menéndez y Pelayo of Madrid and of the course Alternative Dispute Resolution Methods at the Universidad Católica del Perú, Universidad Navarra of Spain, Universidad Nacional de Santo Domingo, Dominican Republic and Universidad Católica de La Paz, Bolivia.
  • He has also been an arbitrator of different academic competitions, including the Vienna Competition, Hong Kong Competition, UBA- El Rosario University Competition, Cali and Medellín Chambers of Commerce Competition.
  • Selected publications by Rafael Bernal include:
  • Book. Arbitration in Guatemala. Arbitration and Conciliation Center. 2001.
  • The Public Limited in Colombia. Legis. 1980.
  • The Limited Liability Company in Colombia. Legis. 1980.
  • The Conciliation – Legal Aspects, Universidad del Rosario, 1994.
  • Arbitration - Legal Aspects, Universidad del Rosario 1994.
  • Arbitration- The New Alternative – IDB Project – Chamber of Commerce of Bogota, 1997.
  • Arbitration in Guatemala, CENAC 2000.
  • Arbitration Notes, Chamber of Commerce of Bogota, 2008
  • The New York Convention, collective work, proceedings of the 2012

Memberships

  • Arbitrator of the Arbitration and Conciliation Center of the Superintendence of Corporation.
  • Arbitrator for the list of the Inter-American Commercial Arbitration Commission - CIAC.
  • Arbitrator of the Malaysa Arbitration Center
  • Arbitrator of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota, Medellin, Cartagena, Cali, and Santa Marta.
  • Member of the Latin American Group of the Court of Arbitration CCI- Paris.
  • Member of the CCI- Paris Arbitration Commission.
  • Member of the CCI- Colombia Arbitration Sub-committee.
  • Member of the Commercial Lawyers Association, Bogota, Colombia.
  • Founding Member of the Rosarista Bar Association.
  • Member of the Bar Association specialized in Economic Law
  • Honorary Member of the Institute of Business Law in Cordoba, Argentina.
  • Honorary Member of the Honduran Bar Association.
  • Founding Member of the Arbitration and Conciliation Center of the Chamber of Commerce of Guayaquil, Ecuador.
  • Member of the IBA - International Bar Association
  • Member of the Latin American Arbitration Association ALARB.
  • Member of the Colombian Arbitration Committee.
  • Member of the Commission to follow-up of the Decongestion of Judicial Offices.
  • Member of the Drafting Commission of the reform to the Commercial Code Book II, Commercial Companies. (Law 222 of 1995).
  • Member of the Preparatory Commission of the Constituent Assembly in the area of Justice. (1991)
  • Member of the Reform Commission of the national and international arbitration regime in Colombia in 2010.
  • Member of the Commission to reform the Colombian Arbitration Law in 2012 and Chairman of the Sub-committee on the reform of the international arbitration law.
  • Member of the Commission for the preparation of the Ten-Year Justice Plan in Colombia -2018/2028.

Languages

  • Spanish
  • English