Alexandre Bailly

Alexandre represents multinational and French clients in international business disputes, with a particular focus on complex business matters. Working closely with others on the Morgan Lewis team, he has litigated and arbitrated matters involving the industrial risks sector, commercial contracts, banking, bankruptcy, construction, and portfolio management. His clients include companies in the automotive, aerospace, construction, communications, technology, and consumer products fields, as well as banks, financial asset managers, and brokers. Alexandre writes regularly on key legal and procedural developments in France and internationally in relation to litigation (including class actions, collective actions, and group litigation), arbitration, and regulatory issues.

For clients in the banking sector, Alexandre also has experience in complex international debt collection including the enforcement of foreign rulings, and related litigation.

Alexandre has experience in the issue of sudden termination of established business relationships (Article L. 442-6 I 5° of the French Commercial Code). He is the author of numerous legal articles on sudden termination, and his writings have appeared in renowned French publications such as Revue Lamy de la Concurrence, Revue Lamy Droit des Affaires, La Gazette du Palais, and Recueil Dalloz.

Alexandre represented a leading European industrial consortium at the enforcement stage of an ICC arbitral award against a Taiwanese consortium. The Arbitration Scorecard of The American Lawyer characterized that case as the “most dramatic collection” in the summer of 2005.

He has been responsible for day-to-day management of the dispute related matters for French and European subsidiaries of a US leading automotive equipment manufacturer (Lear Corporation) since 2005.

Since 2009, he has also closely overseen real estate portfolio management-related disputes for a French real estate asset funds manager company, combining the asset management expertise of two major French banking groups.

Alexandre is qualified and listed as a mediator.

He is also qualified as counsel in alternative dispute resolution, and as a consultant in the management of crisis.

A native French speaker, Alexandre is also fluent in English and Spanish.

Banking/Portfolio Management Dispute Resolution/Finance

• Representation of a major French bank before the French courts in various disputes related to the banker’s liability.
• Representation of the French subsidiary of a major Asian state-owned bank before the French courts in various disputes related to the banker’s liability.
• Representation of a French financial intermediary, in a dispute relating to the performance of a mandate for an IPO on the Second Marché of Euronext Paris entrusted on behalf a French leader of smoke extraction systems and zenithal lighting.
• Representation of a major European bank before the French courts in a multi-party banker’s liability dispute.
• Representation of a French portfolio management company in a portfolio management related dispute for a portfolio composed of securities accounts.
• Representation of a major European bank before the French courts in various disputes related to portfolio management.
• Representation of a French portfolio management company before the French courts in a portfolio management related dispute.
• Day-to-day management of the disputes related to real estate portfolio management for a French real estate asset funds manager company, combining the asset management expertise of two major French banking groups .
• Representation of a major state-owned Russian bank before the French courts for the recovery of assets in various complex enforcement procedures in France of several Russian final judgments against  Russian debtors having assets in France.

Commercial Contracts/Industrial Risks Sector/Bankruptcy Dispute Resolution

• Representation of a French communication services company before the French courts against a world leader container shipping company in a defamation claim (30 ME claim).
• Representation of a French subsidiary of US global technology leader, in a judicial expertise proceeding involving the French Defense industry leaders in a dispute related to the engine installed on the turret of the Saudi Arabian Navy warships.
• Representation of a European leading industrial consortium at the enforcement stage of an ICC arbitral award against a Taiwanese consortium comprising a leading Asian shipping company, consisting in arresting and attaching a container transport vessel. Case classified as the “most dramatic collection” in the Arbitration Scorecard of The American Lawyer of Summer 2005.
• Representation of a US world leader in medical technology before the French courts for disputes related to supply contracts and product liability expertise proceedings.
• Representation of a German aircraft company leasing in an ICC arbitration against a Mexican airline company related to the misperformance of an aircraft sales contract.
• Representation of a world leading company in consumer products before the French courts in a dispute adverse to a French subsidiary of a US logistics industry leader, related to the misperformance of a warehousing and transportation contract.
• Representation of a US global technology leader’s aerospace division before the French courts in a litigation matter (including an expertise proceeding) involving the leading European aeronautic company and a French aircraft and helicopter operator, related to an alleged defect of an aircraft engine installed on a Falcon aircraft.
• Representation of the Dutch subsidiary of a US global technology leader before the French courts in a complex claim for the return of gas due to the liquidation of a French purchaser. World-leading chemical companies Arkema, DuPont de Nemours, and Gazechim were also involved.
• Representation of a world-leading company in consumer products before the French courts in a dispute adverse to the French subsidiary of a US leading logistics industry company and a French engineering company, related to the construction of automated equipment of its French centralized warehousing facilities for nonfood products.
• Representation of a leading US automotive seating systems manufacturer, in an ICC arbitration and before the French courts in various disputes adverse to European automotive equipment suppliers, related to the termination of supply agreements.
• Representation of the French subsidiary of a US world leader in global security, in an ad hoc arbitration adverse to the French services company, related to the termination of a supply agreement.
• Representation of a US leading global industry company in a subcontractors dispute related to the A380/A400 M Airbus electrical equipment.
• Representation of a US leading automotive glass and coatings manufacturer, before the French courts in a dispute adverse to the Czech subsidiary of a Japanese world leader automotive glass manufacturer, related to the termination of a supply agreement.
• Representation of an Asian world-leading government-held oil and gas group in a dispute related to contract termination for the exploitation of oil fields in Africa before African courts.
• Representation of an English auction house in connection with a dispute related to a bailment in New York of an Oceanian work of art belonging to a French individual.
• Representation of the US world-leading dedicated toy products retailer in a contract dispute and customs-related issues against its Chinese supplier before the French courts.
• Representation of the US world leader in high-technology heating, air-conditioning, and refrigeration solutions in a termination dispute with its Polish distributor in an IAA arbitration.
• Representation of the French subsidiary of the world leading electronic security solutions manufacturer, in an unfair competition dispute against a French competitor. 
• Representation of the French subsidiary of a US global marketing services company specializing in multi-channel customer interaction marketing, against a Swiss competitor, for a data base related dispute.
• Assistance to the Canadian subsidiary of a global leader in aircraft propulsion, subsidiary a world leader in commercial aerospace, defense and building industries, in the drafting of its supply and maintenance contracts with ATR, a French subsidiary of Airbus group (since 2015).
• Representation of the world’s largest supplier of water mist fire protection technology, in a complex multi-party expertise proceeding involving the Compagnie du Ponant, its suppliers and insurers in a dispute related to an accident on the cruise ship Le Boréal. 
• Representation of the US leader in solutions for the nuclear and fossil power industry, in a complex expertise proceeding involving EDF, its suppliers and insurers in a dispute related to an accident in a French nuclear plant (70 ME claim - 2015).
• Representation of a leading electronic franking and weighing mail systems manufacturer, and its French subsidiary in various disputes with a former distributor related to the termination of a distribution contract and to unfair competition issues. 
• Representation of the leading US automotive seating systems manufacturer to secure successfully a sensitive multimillion-dollar claim concerning the supply of customized luxury car seats for a specific model of a van manufactured by Renault, in the context of the bankruptcy proceedings of the supplier, to enable a significant part of the client’s claim to be paid immediately and to resume the delivery of the equipped van and secure its important relationship with Renault.
• Assistance of an international commercial jet aircraft lessor company in the restructuring of Aigle Azur, the second largest French airline, to secure the quick return of a $100 M leased Airbus A320.
• Assistance to a Japanese sport equipment manufacturer in a dispute against a French distributor involving the filing of a request for arbitration in Tokyo, and the freezing of the debtor’s assets.
• Assistance to a leading US metals company on a pre-trial dispute relating to the supply of metals to a subsidiary of the French group Eramet which involved force majeure issues due to the Covid pandemic.
• Representation of BB Energy (BBE) a world leading independent energy trading company in the successful enforcement in France of a Russian arbitral award cancelled in Russia, against the national air company of an Asian country (Uzbekistan) related to a supply of kerosene contract.
• Day-to-day management of the dispute-related matters for French and European subsidiaries of a US leading automotive equipment manufacturer (since 2005).

Construction Dispute Resolution

• Representation of the leading Spanish construction company in an ICC arbitration in connection with the construction of the Jorf LAsfar power plant in Morocco, the largest in North Africa.
• Representation of the leading French power and transport company against French oil and gas company Sofregaz in an ICC arbitration related to the construction of turbo compressors for a power plant in Algeria.
• Representation of the leading Spanish construction company, adverse to a Moroccan company, in an ICC arbitration related to a luxury building construction project in Morocco.
• Representation of a US leading data center provider, in two judicial expertise proceedings before the French courts adverse to the various suppliers involved in the construction of a data center in Paris.
• Representation of a North African government-held energy entity against a foreign construction company in an ICC arbitration relating to the construction of electric lines in North Africa.