Maxime Girard

Maxime has significant experience in business/asset valuations involving contentious and non-contentious matters. His international project experience covers matters across all continents. He has assisted businesses, individuals, investors, and governments in the arbitration and litigation process, including preliminary damages assessments, document production, detailed quantum assessments, and the preparation and exchange of expert reports and joint expert statements.

Maxime’s professional experience includes:

Quantification of Damages

• Quantification of damages in an LCIA arbitration: The client alleged that, due to the claimant’s failure to act as a proper operator, they suffered a loss arising from reduced volumes of oil and increased capital and operating expenditures. The work involved a detailed assessment of the loss of profits using a comprehensive financial model incorporating several assumptions such as oil production and operating and capital expenditures. The total loss of profit was assessed at approximately US $500 million.
• Quantification of damages, in an AAA arbitration, suffered by a distributor of luxury watches following the wrongful termination of its distribution agreement.
• Quantification of damages, in an LCIA arbitration, suffered by a distributor of sporting goods following the wrongful termination of its distribution agreement.
• Quantification of damages suffered by a manufacturer of tea bags following the failure by a supplier to provide a piece of equipment meeting the contractual design criteria.
• Quantification of damages suffered by a manufacturer of structures to be installed on a FPSO following delays suffered due to problems with the design provided by the client.
• Quantification of damages suffered by a manufacturer of food packaging following a defect in the ink used by a sub-contractor.
• Quantification of damages suffered by a manufacturer of steel structure following significant delay in the fabrication due to a supplier.
• Quantification of damages suffered by a manufacturer of coaches following a dispute with a client.

Valuations

• Preparation and critique of several business valuation reports dealing with the fair market value (FMV) of companies in the context of tax, commercial, shareholder, and matrimonial disputes in different industries including: manufacturing, retail, hospitality industry, real estate, oil and gas, IT outsourcing, software, website and online video production, and professional practices.
• Preparation of an expert report on the quantification of the loss suffered by a hotel developer following a breach of contract by a provincial government.
• Preparation of an expert report regarding the FMV of a conglomerate in Kuwait following a dispute between two shareholders. The valuation involved several legal entities and business units (manufacturing, engineering, retail, insurance, and credit) operating in Kuwait and globally.
• In an investor-state arbitration, preparation of an expert report regarding the fair market value of an investment held by an Indian investor in a cotton yarn manufacturer in Uzbekistan that was impacted by government actions.
• In an investor-state arbitration, preparation of an expert report regarding the FMV of an investment held by a Belgian investor in a rendering plant in Serbia that was impacted by government actions.
• In an investor-state arbitration, preparation of a critique of the FMV of a MENA-based mobile telecom operator and the alleged damages it suffered from alleged treaty violations.

Investigations

• Participation in a highly publicized investigation mandate relating to the significant misappropriation of funds amongst organizations in the financial services sector. Within this large-scale investigation, Maxime’s responsibilities included the analysis of many transactions in order to determine, among other things, the accuracy of financial records.
• Participation in an investigation into the suspected bribery of sales representatives working for the Algerian subsidiary of an international company. During this engagement, Maxime’s responsibilities included preparing and conducting interviews with suspected individuals, supervising and analyzing several sources of information regarding the alleged misconduct.
• Participation in an investigation into improper use of governmental grants by a computer company operating in Senegal.