Joris Bertrand is an associate in the International Arbitration practice.

Prior to joining Shearman & Sterling, he clerked at the French Cour de cassation, the Conseil d’État, and the European Court of Human Rights. He has also served as Court Marshall at the Hong Kong Court of Final Appeal and was arbitral clerk to a prominent international arbitrator. He acted as tribunal secretary in multiple commercial and investor-State arbitrations conducted under the rules of HKIAC, SIAC, ICC, LCIA, ICSID, and UNCITRAL.

International arbitrations on which Joris Bertrand has worked include the representation of:

• The People’s Republic of China in an ICSID arbitration brought by Hela Schwarz GmbH (ICSID Case No. ARB/17/19). The claims are brought under the China-Germany bilateral investment treaty.
• A joint venture partner in a series of arbitrations and court proceedings arising from a failed joint venture. Hong Kong law applied.
• A bank in multiple disputes in Taiwan, Singapore and Hong Kong. The matter has involved arbitration proceedings and court litigation, including proceedings to set aside and resist enforcement of an arbitration award.
• Hong Kong, Cayman Islands, and British Virgin Islands corporate entities and directors as Claimants in an ICC arbitration, emergency arbitration proceedings, and in parallel High Court proceedings in Hong Kong as Respondents. The dispute arises from a private equity co-investment agreement. Hong Kong law applies.
• An international joint venture in an ICC arbitration in Paris brought by a European contractor. The dispute concerns the construction of a gas processing facility in Africa. The law of the country of the project applies.
• An international joint venture and two of its shareholders in an ICC arbitration in Paris brought by a Middle Eastern contractor. The dispute concerns the construction of living quarters for a gas processing facility in Africa, including claims of force majeure in the context of the COVID-19 pandemic. The law of the country of the project applies.
• An agency of an Eastern European State as applicant in proceedings to request the setting aside of several arbitral awards rendered in a construction dispute.
• A heavy equipment supplier and contractor in relation to a highly complex construction arbitration, related local litigation and a number of delay, disruption, defects and other disputes arising out of two fossil fuel construction megaprojects in Africa with claims and counterclaims of over $2 billion. The law of the country of the projects applies.

Professional Affiliations

• Certified Tribunal Secretary (HKIAC – with Distinction)
• Member, BVI Arbitration Group
• Member, International Bar Association (IBA)
• Member, Asian Academy of International Law
• Member, Young ICCA, International Council for Commercial Arbitration
• Member, HK45

Publications

• “Evolution, Not Revolution: A Step Towards Ex Parte Emergency Arbitrator Relief in Hong Kong,” Asian Dispute Review, October 2020 (with E. Taylor)
• “Investor-State Dispute Settlement and the European Union: Dawn or Dusk?,” La Revue des Juristes de Sciences Po, 18 March 2019
• “And then there were none: the decline of the right to access a lawyer?,” Oxford Human Rights Hub (OxHRH Blog), 18 January 2019 (with L. Li)