AGA Partners successfully represented a major Ukrainian state-owned agricultural company in a dispute against its financial advisor. The dispute arose out of a financial services agreement with regard to the restructuring of debt under a loan agreement with an international bank.  

The client claimed that the counterparty committed fraudulent misrepresentation and unjustly enriched itself. In the course of SCC arbitration, AGA Partners argued for the return of the USD 1.5 million advance payment and reimbursement of legal and arbitration costs and fees.  

In written submissions, the claimant presented clear evidence and indisputable arguments confirming the financial advisor’s fraudulent misrepresentation committed with regard to the financial services agreement and opposed the multimillion counterclaim. Besides, AGA Partners participated in the oral hearings examining financial advisor’s witnesses. 

The arbitration resulted in full satisfaction of the client’s claims. The financial advisor was ordered to return the advance payment to the strategic Ukrainian state-owned company and cover arbitration costs, legal fees and interest thereon. 

The success was achieved through the professional coordination of AGA partner Iryna Moroz, counsel Pavlo Lebediev, and associates Anastasia Shevchuk and Vasyl Radetskyi.