Grégoire Bertrou

Grégoire lectures on international commercial litigation at La Sorbonne and Sciences Po Paris.

^{* Grégoire advised on these matters prior to joining Willkie.}

International Arbitration

Grégoire has acted in more than 50 international arbitration proceedings, both ad hoc (including UNCITRAL) and under the auspices of the ICC, the LCIA, the AAA and the OHADA, in relation to disputes involving M&A transactions, investments, joint ventures and commercial contracts in general.

His recent matters include the representation of the Kyrgyz Republic in the following ad hoc, PCA-administered investment arbitration under the 1976 UNCITRAL Rules:

• Arbitration proceedings opposing two Swiss companies initiated pursuant to a Foreign Investment Law and a regional investment treaty, relating to the State’s second largest telecommunications company. In November 2021, the matter was settled favorably to the Kyrgyz Republic, with all of Claimants’ claims (quantified at USD 73.8 million) withdrawn with prejudice, and with Claimants bearing the near totality of arbitration costs. Case name: VIP Kyrgyzstan Holdings AG and Menacrest AG v. Kyrgyz Republic (PCA Case No. 2019-29)
• Arbitration proceedings opposing a BVI-incorporated company initiated pursuant to a Foreign Investment Law, relating to the State’s largest telecommunications company. In October 2021, the Arbitral Tribunal dismissed Claimant’s claims (quantified at USD 298 million) as inadmissible due to the illegality of the underlying investment. Case name: Penwell Business Limited v. Kyrgyz Republic (PCA Case No. 2017-31)
• Arbitration proceedings opposing a Russian State-owned company initiated pursuant to an Intra-State Agreement, the Eurasian Investment Agreement and the EEU Treaty, relating to a hydropower project. Case name: PJSC RusHydro v. Kyrgyz Republic (PCA Case No. 2018-21)
• Arbitration proceedings opposing a Kazakh company initiated pursuant to a bilateral investment treaty, relating to a metallurgical plant project. Case name: National Center on Complex Processing of Mineral Raw Materials of the Republic of Kazakhstan v. Kyrgyz Republic (PCA Case No. 2019-01)
• Arbitration proceedings opposing a Lithuanian company initiated pursuant to a bilateral investment treaty, relating to a e-passport printing project. Case name: Garsų Pasaulis UAB v. Kyrgyz Republic (PCA Case No. 2020-59)
• Arbitration proceedings opposing a Kazakh State-owned company initiated pursuant to a Foreign Investment Law, a bilateral investment treaty, and a joint venture agreement, relating to a gas pipeline project. Case name: JSC NK QazaqGaz v. Kyrgyz Republic

Grégoire also represents or has recently represented:

• three Hong Kong companies in three related ICC arbitration proceedings relating to the sale of a wind energy business in Asia (claims in excess of US$ 1 billion) – such arbitration gave rise to a successful ICC emergency arbitration procedure and two favorable awards on the merits (ongoing)
• a French pharmaceutical laboratory in an ICC arbitration relating to the performance of a share purchase agreement (favorable award in 2021)
• an Italian investment fund in a successful ICC arbitration in connection with the sale of a leading French department store (favorable award)
• a tobacco company in an ICC arbitration regarding the termination of a distribution agreement in Egypt; the claimants sought damages of more than US$1 billion (successfully settled)
• an African sovereign state in an ICC arbitration relating to the execution of an oil concession agreement, for claims in excess of US$70 million (successfully settled

Grégoire also regularly represents clients in the context of enforcement and/or challenge of arbitral awards before the Court of Appeal of Paris. He recently represented:

• The Kyrgyz Republic in set aside proceedings before the French Cour de Cassation concerning an investment arbitration pursuant to a bilateral investment agreement, relating to alleged expropriation in the banking sector (Valeri Belokon v. Kyrgyz Republic). In March 2022, the Cour de Cassation confirmed that the lower court had not engaged in an improper review of the merits of the dispute and had legally justified its decision to annul the award because of indications of money laundering
• Devas Corporation (India) on annulment proceedings filed by Antrix Corporation (India) against an ICC award rendered in the arbitration. (favorable decision in June 2022)

French Commercial Litigation

Grégoire has advised a large number of companies in the context of M&A transactions and shareholders disputes.

• Carl Bayard in an indemnification claim brought against a regulated investment fund, LMBO, following a decision by the French Financial Market Authority (AMF) sanctioning LMBO malpractice (ongoing)
• Brainbox in a multi-million trade mark infringement dispute (as plaintiff) against Alentour.fr, the leading French State-backed (€50 million of public funds) new tourism digital platform operated by the company Alentour, currently pending before the Paris Court of Appeals
• a leading food industry company on a post M&A dispute, involving the seller, and including different claims based on the SPA (ongoing)
• a European MVNO on a dispute with MNO on the French market. This dispute involves contractual and competition laws (ongoing)

White-collar Crime / Compliance / International Investigations

Grégoire regularly advises and represents clients in complex compliance and international enforcement matters. He represents or recently represented:

• Mr. Bruno Lafont in the so-called ‘Lafarge case’
• The former French Minister of Economy in the so-called ‘Tapie case’
• a former prime minister of a Central Asian country in connection with investigations relating to an international financial and political scandal
• a French listed company in several internal investigations involving allegations of fraud or compliance issues
• a leading furniture manufacturer in conducting an internal investigation involving allegations of improper data collection on employees and customers and related actions of the French risk management department
• a global telecommunications company in the context of an ongoing criminal investigation in Tunisia in connection with the alleged wrongful actions of a former President and his relatives
• a global food company on designing, building and implementing a tailored compliance program
• a global leader in pharmaceutical solutions in the context of an internal investigation on corruption-related issues. Also advised the client of designing, building and implementing a tailored compliance program
• a global maritime shipping company on designing, building and implementing a tailored compliance program
• a global fermentation manufacturer on designing, building and implementing a tailored compliance program
• a global advertising agency in the context of an internal investigation following an on-site inspection in Q1 2021 from the French National Commission for Information Technology and Civil Liberties (CNIL)
• a global manufacturer and distributor of in vitro diagnostic equipment and reagents on designing, building and implementing a tailored compliance program
• Grégoire also regularly advised several high-profile French clients on their cross-border (EU, US, UK) economic sanctions issues, in particular – over the past months – with respect to Russia.