Arbitral Digest

Matter

Amikum Farma LLC v Caribalt Alliance OU (Supreme Court of Ukraine 824/62/25)

ICAC arbitration between Amikum Farma and Caribalt Alliance concerned shipment losses, penalties and storage, with Ukrainian courts considering challenge and appeal.

  • International commercial arbitration
  • Setting aside arbitral awards
  • Jurisdiction and arbitration agreements
  • Public policy
Case no.
246/2024
Applicable rules
ICAC Rules

Procedural record

  1. 24 February 2025Arbitration

    24 February 2025Arbitration

    ICAC award of 24 February 2025 in case 246/2024

    International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry

    Decision summary
    The International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry ordered Caribalt Alliance OU to pay Amikum Farma LLC EUR 22,062.30: EUR 3,620.07 in penalty, EUR 210.00 for responsible storage of the second shipment, EUR 16,411.92 in damages, and EUR 1,820.31 in arbitration fees. The remaining arbitration fee of EUR 79.81 was charged to Amikum Farma LLC.

    Participants

    Amikum Farma LLC
    Caribalt Alliance OU
    International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry
  2. 24 February 2025Arbitration

    24 February 2025Arbitration

    International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry Award in case 246/2024 dated 24 February 2025

    International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry

    Participants

    Amicum Pharma LLC
    Caribalt Alliance OU
    International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry

    4 months and 20 days later · 140 days

  3. 14 July 2025Ukraine

    14 July 2025Ukraine

    Order of the Kyiv Court of Appeal in case 824/62/25 dated 14 July 2025

    Kyiv Court of Appeal

    Case no.
    824/62/25
    Decision summary
    The Kyiv Court of Appeal refused Caribalt Alliance OU's application to set aside the 24 February 2025 ICAC award in case 246/2024.

    Participants

    Caribalt Alliance OU
    Amikum Farma LLC
    Kyiv Court of Appeal

    1 month and 11 days later · 42 days

  4. 25 August 2025Ukraine

    25 August 2025Ukraine

    Order of the Supreme Court of Ukraine in case 824/62/25 dated 25 August 2025

    Supreme Court of Ukraine

    Case no.
    824/62/25
    Decision summary
    The Supreme Court of Ukraine opened appellate proceedings on Caribalt Alliance OU's challenge to the Kyiv Court of Appeal's order and requested the case materials.

    3 months and 10 days later · 102 days

  5. 5 December 2025Ukraine

    5 December 2025Ukraine

    Order of the Supreme Court of Ukraine in case 824/62/25 dated 5 December 2025

    Supreme Court of Ukraine

    Case no.
    824/62/25
    Decision summary
    The Supreme Court of Ukraine concluded the preparatory steps and listed Caribalt Alliance OU's appeal for an open hearing with the parties notified.

    1 month and 17 days later · 48 days

  6. 22 January 2026Ukraine

    22 January 2026Ukraine

    Judgment of the Supreme Court of Ukraine in case 824/62/25 dated 22 January 2026

    Supreme Court of Ukraine

    Case no.
    824/62/25
    Text
    Decision summary
    The Supreme Court of Ukraine dismissed Caribalt Alliance OU's appeal and upheld the Kyiv Court of Appeal's 14 July 2025 order refusing to set aside the 24 February 2025 ICAC award in case 246/2024. It held that the arbitration agreement was autonomous from the underlying contract, the parties had not timely objected to the tribunal's jurisdiction, and the dispute fell within the agreement. The asserted delivery and Cuba-related circumstances did not establish a violation of Ukrainian public policy, and the court did not reopen the award on its merits.

    Participants

    Caribalt Alliance OU
    Representative
    Marina Vitlina (For: Caribalt Alliance OU)
    Amikum Farma LLC
    Representative
    Oleksandr Hudilin (For: Amikum Farma LLC)
    Supreme Court of Ukraine
    Judge
    Vasyl Korotun
    Judge
    Yevhen Korotenko
    Judge
    Maria Chervinska
    Court Secretary
    Mykola Kalishenko

    Authorities cited

    23
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards
      statute
    • Civil Procedure Code of Ukraine
      statute
    • Law of Ukraine on International Commercial Arbitration
      statute
    • Civil Code of Ukraine
      statute
    • Commercial Procedure Code of Ukraine
      statute
    • Constitution of Ukraine
      statute
    • United Nations Convention on Contracts for the International Sale of Goods
      statute
    • UNCITRAL Arbitration Rules
      statute
    • Supreme Court case 910/15842/19 (910/15842/19)
      case-law
    • Supreme Court case 910/9841/20 (910/9841/20)
      case-law
    • Supreme Court case 910/13366/18 (910/13366/18)
      case-law
    • Supreme Court case 910/5019/23 (910/5019/23)
      case-law
    • Supreme Court case 916/3245/21 (916/3245/21)
      case-law
    • Supreme Court case 796/411/20 (796/411/20)
      case-law
    • Supreme Court case 925/1293/21 (925/1293/21)
      case-law
    • Supreme Court case 824/47/22 (824/47/22)
      case-law
    • Supreme Court case 920/241/19 (920/241/19)
      case-law
    • Supreme Court case 824/198/19 (824/198/19)
      case-law
    • Supreme Court case 911/1766/22 (911/1766/22)
      case-law
    • Supreme Court case 759/24061/19 (759/24061/19)
      case-law
    • Supreme Court case 824/50/22 (824/50/22)
      case-law
    • Supreme Court case 824/167/24 (824/167/24)
      case-law
    • Supreme Court case 824/11/25 (824/11/25)
      case-law

Matter record

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Amikum Farma LLC v Caribalt Alliance OU (Supreme Court of Ukraine 824/62/25) · Matter