Success

In April 2023, our law firm, Disputes Law Firm, was approached by a Danish client facing a unique and challenging situation. The client had mistakenly transferred €7,500 to a resident of Ukraine, who subsequently refused to return the funds. This error occurred because the Ukrainian recipient's banking details were already saved in the client's payment system from previous charitable donations to Ukrainian victims.

The primary challenge in this case was the strict regulatory environment in Ukraine. In February 2022, the National Bank of Ukraine had prohibited all foreign currency transactions and cross-border transfers, including those mandated by court decisions. This restriction meant that the only viable way for our client to retrieve the funds was through an attorney with a foreign currency account outside Ukraine.

Stage One: Attempted Pre-Litigation Settlement

Initially, our approach focused on resolving the dispute amicably. We engaged in negotiations with the Ukrainian resident, aiming to reach an agreement for the voluntary return of the funds. Despite our best efforts, these discussions were unsuccessful as the recipient consistently set new conditions for the transfer, making it clear that litigation would be necessary.

Stage Two: Legal Proceedings

With negotiations at an impasse, we proceeded to the litigation phase. Our team prepared and filed a lawsuit in court, actively participating in all court hearings. We also submitted an application for interim measures, resulting in the freezing of the funds in the recipient's account. This step was crucial, as it prevented further complications and ensured that the funds remained accessible for eventual recovery.

Stage Three: Settlement Agreement

During the court proceedings, both parties recognized that a settlement agreement would be the most effective resolution. Consequently, an agreement was reached whereby the funds would be transferred to the client's representative in Ukraine, our attorney Dmitry Chuguyenko, who would then remit the amount to the client’s foreign currency account. In return, the client and their representative agreed to withdraw all claims, leading to the case’s closure in court.

On Febryuary, 8 the court ruled to approve an amicable agreement between the Parties and to dismiss the case.

The same day attorney Dmytro Chuguienko sent an agreed amount to the Client.

The case is closed!

This case exemplifies the complexity of international financial disputes, particularly when stringent regulatory frameworks are in place. At Disputes Law Firm, we are committed to navigating these challenges with expertise and dedication, ensuring that our clients receive the best possible outcomes. Our success in this case underscores our capability to manage intricate legal matters and secure favorable resolutions, even in the most demanding circumstances.

For more information on how we can assist with your legal needs, please visit our website or contact us directly.