Alexandre Bailly

Banking and Financial Clients

• Representation of a major European bank before the French courts in various portfolio management liability disputes against commercial entities as well as wealthy individuals.
• Representation of a French portfolio management company before the French courts in a portfolio management–related dispute.
• Assistance and representation in multiple pre- and post-acquisition related disputes before the French courts for French real estate collective investment scheme companies, as part of two major French banking groups combining their asset management expertise.
• Representation of a major foreign bank before the French courts in a series of complex recoveries of France-located assets, including the arrest of a debtor’s jet aircraft.

Construction - Data Centers - Energy/Oil & Gas Dispute Resolution

• 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 Spanish construction company, adverse to a Moroccan company, in an ICC arbitration related to a luxury building construction project in Morocco.
• Representation of a 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 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.
• 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 a leading US 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 several Chinese and Nigerian subsidiaries of a world-leading Chinese government-held oil and gas group on the enforcement of pipeline-related contracts in the context of an alleged force majeure issue (linked to a coup) in West Africa.
• Representation of a world leader in industrial fire detection and suppression to the infrastructure, energy, and marine sectors for clients operating in mission-critical and hazardous environments worldwide in a judicial expertise proceeding related to the major fire that occurred at Paris Global Switch data center in 2023 that led to outages at Google.
• Representation of a world-leading Italian boiler manufacturer in an energy supply sub-contract dispute related to a 150 million market for the design, supply and erection of two 90 megawatt waste to energy (WTE) boilers and auxiliary package, on a leader in essential chemistry’s site located in Eastern France.

Commercial Contracts - Aerospace-Automotive-Aviation-Defense - Engineering-Industrial Risks/Bankruptcy Dispute Resolution

• Representation of a US global technology leader’s aerospace division before the French courts in a litigation matter (including an expertise proceeding) involving a 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 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 French subsidiary of a US global technology leader in a judicial expertise proceeding involving 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, classified as the “most dramatic collection” in the Arbitration Scorecard of The American Lawyer of Summer 2005.
• 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 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 a French services company, related to the termination of a supply agreement.
• Representation of a US leading global industry company in a suppliers dispute related to the A380/A400 M Airbus electrical equipment (French courts/AAA Arbitration).
• Representation of a leading US 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 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 a world-leading electronic security solutions manufacturer in an unfair competition dispute against a French competitor.
• Representation of the world’s largest supplier of water mist fire protection technology in a complex multiparty expertise proceeding involving a renowned French cruise operator, its suppliers and insurers in a dispute related to an accident on a cruise ship (French courts and London arbitration).
• 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.
• Assistance to the Korean subsidiary of a US leading manufacturer of high-performance pressure relief valves, suitable for all types of nuclear reactors, in a pre-dispute concerning the procurement of a specialty valves supply contract related to the ITER organization nuclear plant.
• 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 a leading US automotive seating systems manufacturer to secure 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 the OEM Renault.
• Assistance to 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 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 in a pretrial dispute relating to the supply of metals to a subsidiary of the French group Eramet, which involved force majeure issues due to the COVID-19 pandemic.
• Representation of a UAE world-leading independent energy trading company in the successful enforcement in France of a Russian arbitral award canceled in Russia, against the national air company of an Asian country related to a supply of kerosene contract.
• Representation of a diversified regional corporate group based in Malaysia against an African Air Navigation Safety Agency in an aerospace services contract before the French courts.
• Representation of an international commercial aircraft lessor company in pre-insolvency (Conciliation proceeding) of the lessee’s to secure and settle amicably, in coordination with the guarantors and the MRO (Maintenance, Repair, and Overhaul), the payment of the multimillion outstanding leases related to a leased Airbus model A330-343 aircraft and the sale of said aircraft, before the French courts.
• Representation of a world leader in industrial fire detection and suppression to the infrastructure, energy, and marine sectors for clients operating in mission-critical and hazardous environments, in a multiparty judicial expertise proceeding related to multimillion-euro damage caused in the huge Parisian store of a well-known lifestyle retailer and a US jeweler, located at the Champs-Elysées.

Healthcare

• Representation of a US global healthcare technology leader in medical technology services and solutions in various product liability matters related to medical devices, in particular at the pre-litigation stage (i.e., judicial expertise proceedings), that led to a dismissal of the claims against the client.
• Represented a Danish world leader in products and services for intimate healthcare needs in various product liability matters related to medical devices, in particular at the pre-litigation stage (i.e., judicial expertise proceedings), that led to a dismissal of the claims against the client.

Drafting and Negotiating of Commercial Contracts

• Assistance to a Canadian aircraft engine manufacturer in various commercial and contractual matters, including contract negotiations, clauses drafting, liability and counterpart’s insolvency-related issues.
• Assistance to the Swiss leader in the franking machine industry in the drafting of a distribution agreement for its French subsidiary.
• Assistance to a major multinational chocolate manufacturer in the negotiation, with a distributor, of a major distribution agreement in France.
• Assistance to the French subsidiary of a major US entity in the drafting and negotiating of a distribution agreement.
• Assistance to the US world leader in industrial pump and compressor products for the process fluid and gas industries for its French site-related lease agreements.
• Assistance to a French leader in the automotive thermal management and cooling technologies in the negotiation of a purchase of goods and services agreement with the US subsidiary of a multinational oil and gas company for the supply of automotive battery modules.
• Repeated assistance to numerous international clients in the negotiation and drafting of amicable settlement agreements.
• Repeated assistance to numerous international clients in the review of their general terms and conditions of numerous foreign companies based in France.
• Assisted several Chinese subsidiaries of a Chinese world-leading government-held oil and gas group on the enforcement of pipeline-related contracts in the context of an alleged force majeure issue (linked to a coup) in East Africa.
• Assisted a French leader in the automotive thermal management and cooling technologies, in the negotiation of a purchase of goods and services agreement with Shell Oil Inc. US, for the supply of automotive battery modules.
• Assistance to an Italian group Yachting Division in the drafting and negotiating of a distribution agreement with a French industrial group of high-quality yacht paints for the painting and maintenance of yachts and superyachts.