Marie Berard is a Partner within the International Commercial Arbitration Group.
Marie acts as counsel for multinational corporations and individuals on a wide range of international arbitration proceedings pursuant to the major institutional rules (including LCIA, ICC) as well as ad-hoc arbitrations under UNCITRAL Rules.
Marie's work spans many economic sectors, with particular emphasis on the energy, oil & gas, construction and finance sectors.
Marie regularly speak on international arbitration at conferences and seminars and delivers guest lectures at Universities.
Marie coordinates the firm's pro bono partnership with the National Autistic Society, and has acted as advocate before the First-tier Tribunal (Special Educational Needs and Disability) representing parents of children on the autistic spectrum. She has also represented the NAS in third party interventions before the Supreme Court.
- Representing a high net worth individual in a shareholder dispute with a Russian oligarch concerning a joint venture holding valuable real estate in Moscow in hard-fought LCIA London arbitration proceedings for unfair prejudice; successfully resisting English Court challenges against the arbitration award under s. 67 (jurisdiction) and s.68 (serious irregularity) of the 1996 Arbitration Act; and defeating a related claim in the English High Court funded by the Russian oligarch, claiming an interest in the JV and a share of assets
- Representing a consortium of French, Moroccan and Japanese power
companies in a London ICC arbitration against a multinational conglomerate relating to a coalfired power plant EPC construction project in Morocco
- Representing an international engineering and construction company in a Zurich ICC arbitration against a subcontractor in connection with a power process plant in Saudi Arabia
- Representing one of the world's largest global banking groups in a London LCIA arbitration (and parallel proceedings in Moscow and anti-suit proceedings in London) in connection with a guarantee against a Russian company
Clifford Chance represents the National Autistic Society in a landmark exclusion case
21 August 2018
- “’Other costs' in international arbitration: A review of the recoverability of internal and third-party funding costs” in Defining Issues in International Arbitration OUP 2016
- ‘The Limits to the Parties’ Free Choice of Jurisdiction’ Dossier XII of the ICC Institute of World Business Law (2015)
- 'Privy Council confirms pro-enforcement approach under New York Convention' (2014) 32 ASA Bulletin, Issue 4, pp. 869–882
- "Jivraj v Hashwani – Faith in English arbitration is restored" in Les Cahiers de l’Arbitrage 2011-4
- UK Contributor for the International Law Office arbitration newsletters
- Author of several practice notes for Lexis®PSL Dispute Resolution
- Marie is on the Editorial Board of the International Arbitration Law Review and Kluwer’s Journal of International Arbitration
Court upholds tribunal's jurisdiction over settlement agreement lacking express arbitration clause
16 April 2019
Enforcement of arbitral award against sovereign state requires service through diplomatic channels
7 March 2019
High Court considers summary dismissal of serious irregularity challenges to arbitral awards
1 February 2019
State consent to arbitrate and waiver of immunity determined by clear wording of arbitration agreement
11 October 2018
High Court refuses to restrain EU court proceedings brought in breach of arbitration agreement
16 August 2018
Career and qualifications
- Université de Paris I La Sorbonne (Maîtrise en Droit Privé, Mention Très Bien) 1998
- King's College London (LLB) 1998
- Admitted as a solicitor in England & Wales 2002
- Joined Clifford Chance 2000
- Partner since 2012
- Member of LCIA
- ICC UK Task Force Arbitration and Financial Institutions
- ICC UK Arbitration & ADR Committee
- International Arbitration Institute
- Arbitral Women
Awards and citations
- "Marie Berard is an incredibly bright and very intellectual practitioner who stands out for her calm approach to complex international commercial arbitration disputes".
Who's Who Legal Arbitration 2019
- “Marie Berard represents energy and construction companies in LCIA, ICC and ad hoc arbitrations. Clients find her to be ‘very knowledgeable and experienced in arbitration’.”
International Arbitration: UK-wide: Commercial Arbitration: Chambers UK 2019
- “Market sources are impressed with her client-handling skills and her ‘ability to absorb vast amounts of detail while not losing sight of the key issues in a case.’ ”
International Arbitration: UK-wide: Commercial Arbitration: Chambers UK 2018
- “Marie Berard ‘comes warmly recommended’ from clients, who praise her as ‘fantastic – she works very hard, does excellent work and has a calm approach.’ ”
Who’s Who Legal: Future Leaders - Arbitration 2017