Kim Smajlovic, CVA

Contact details

Professional History

  • Secretariat Advisors LLC

  • Alvarez & Marsal (A&M)

  • Charles River Associates (CRA)

  • PricewaterhouseCoopers (PwC)

  • Halliburton/KBR

Education

  • Master of Science (M.S.), Accounting,
    University of Houston, C.T.Bauer
    College of Business

  • Bachelor of Business Administration
    (B.B.A.), Summa cum Laude,
    Accounting, University of Houston,
    C.T. Bauer College of Business

Accreditations

  • Certified Public Accountant (CPA),
    Texas State Board of Public
    Accountancy, License # 096159

  • Certified Valuation Analyst (CVA),
    National Association of Certified
    Valuation Analysts, License #1026441
  • Non-Administered AAA Arbitration Before International Institute for Conflict Prevention & Resolution Between a Large Oil and Gas Producer and a Midstream O&G Company (Respondent): Analyzed the plaintiff expert’s damages calculation, which exceeded $100 million, by assessing market conditions from an ex-ante forecasting standpoint. The analysis included evaluating the impact of Winter Storm “Uri” on trading books, the commercial reasonableness of certain trades, and recalculating NGL and residue gas production after incorporating a vapor recovery unit (“VRU”), as well as determining the actual margin for two processing plants. The case resulted in the dismissal of most claims.
  • Ad-hoc Arbitration Which Involved the Owners of an O&G Concession in Navarro County TX and Korean Investor (Claimant): Advised the Claimant on the value of the oil & gas facilities including multiple oil and gas fields in various stages of development and refining plants specifically built to convert heavy crude and NGL. Case settled.
  • Advised a Large EPC Contractor on Potential Claims Related to a Nuclear Power Plant Project in Scandinavia (Claimant): Advised a large EPC contractor on potential claims arising from an alleged contractual breach by the majority shareholder for failing to timely submit required permits for the final stage of approval for a 1,200 MW pressurized water reactor (“PWR”) construction. The contractor was unable to continue work, and all investments to date were considered wasted expenditure. The case has been discontinued.
  • Advising a Large Nordic Power Company in Dispute with the Russian Federation (Claimant): Currently advising a large Nordic power company in its dispute with the Russian Federation, triggered by Presidential Decree No. 302, over alleged violations of investment treaty obligations under Bilateral Investment Treaties that Russia concluded with two Nordic states. The damages calculation involves valuing shares in Russian subsidiaries and the Claimant’s investment in Russia, amounting to several billion euros. The case is ongoing.
  • LCIA Arbitration Between Minority and Majority Shareholders of Metal Production Plant and Ferro Mining Operation in Ukraine (Claimant): Analyzed the alleged underpayment of historical dividends to a minority shareholder. Provided an amended analysis of cash flows for the operation, benchmarked expected/reasonable raw materials costs, and forecasted sales based on global commodity prices for multiple products. The case was settled at the arbitration hearing in favor of the Claimant.
  • LCIA Arbitration Involving a Minority Shareholder and a Real Estate Development Property in the Russian Federation (Claimant).: Advised the Claimant on the value of their investment in a premier multi-use luxury real estate property (including prime retail, office, parking, residential, etc.), which was the subject of a dispute between shareholders. The case was resolved in favor of the Claimant.
  • SCC Arbitration Filed Under the Energy Charter Treaty Involving the Owners of an Oil & Gas Concession in a CIS Country and a Sovereign Nation (Claimant): Advised the Claimant on the value of an oil & gas production sharing agreement, which included multiple oil and gas fields in various stages of development, as well as a refining plant, for the period of licenses. The owners asserted that the enterprise was expropriated over a period. The tribunal decision was in favor of the Claimant.
  • ICC Arbitration Involving a Purchase Price Dispute of a Financial Institution in the CIS (Claimant): Advised the Claimant on the impact of allegedly false statements made by the seller of a CIS bank concerning the quality of the loan portfolio. The case was settled.
  • PCA Arbitration Dispute Between a Real Estate Developing Company and the South African State (Respondent): Assessing damages in relation to the breach of the leasehold agreement for the development of the waterfront mixed-use real estate development. Case settled.
  • ICSID Arbitration Dispute Between a Middle Eastern Fertilizer Producer and a Northern African Sovereign State (Respondent): Represented a Northern African Sovereign State in a dispute concerning a gas supply contract. The work involved assessing historical and projected future lost profits under various contractual scenarios. The case was settled.
  • ICSID/ICC Disputes Between a Large State-Owned Oil & Gas Development Company and Venezuela (Claimant): Managed an engagement team for arbitrations involving the alleged expropriation of the Claimant’s share of a production-sharing contract to develop multiple oil and gas fields in South America. The tribunal decision was in favor of the Claimant.
  • ICSID Arbitration Dispute Between a Large Telecommunications Operator and an African Sovereign State (Claimant): The case involved a large telecommunications operator whose business in a northern African country was allegedly expropriated by the sovereign nation. The case ceased due to jurisdictional issues.
  • ICSID Arbitration Dispute Between a Large CIS Telecommunications Operator and a Sovereign State (Claimant): Managed the engagement involving a telecommunications operator whose business in a CIS country was allegedly expropriated by the sovereign nation. The case was settled prior to the hearing.
  • ICSID Arbitration Dispute Between a Leading CIS Telecommunications Operator and a Sovereign State in the CIS Region (Claimant): Managed the engagement involving several hypothetical scenarios and numerous operational options. Despite the comprehensive analysis, the Claimant was not awarded any damages due to legal and jurisdictional issues.
  • US. Litigation involving telecommunications network operator and the infrastructure company involved in building towers and small cells (Plaintiff). Case settled.