Ruling of Kyiv Court of Appeal in the case 824/1/26 dated 19 May 2026

Case No. 824/1/26, Proceeding No. 22-vk/824/17/2026, Judge-Rapporteur in the court of second instance: R. V. Berezovenko

RULING

IN THE NAME OF UKRAINE

19 May 2026, Kyiv

The Kyiv Court of Appeal, composed of Judge R. V. Berezovenko of the Judicial Chamber for Civil Cases, with the participation of secretary S. R. Shchavlinskyi, having considered at an open court hearing the application of ARDIX SPOLKA Z OGRANICZONA ODPOWIEDZIALNOSCIA (Republic of Poland), filed by its representative, attorney Yana Hennadiivna Kudina, for recognition and grant of leave to compulsorily enforce the award of the ICAC at the Ukrainian Chamber of Commerce and Industry of 14 February 2025 in case No. 178/2024 on the claim of ARDIX SPOLKA Z OGRANICZONA ODPOWIEDZIALNOSCIA (Republic of Poland) against the Ministry of Defence of Ukraine for recovery from the respondent of USD 8,546,340.00 of debt under the Settlement Agreement on claims under supply contract SA-270422/1 of 27 April 2022 and supply contract SA270422/2 of 27 April 2022, concluded by the parties on 10 August 2023,

ESTABLISHED:

In December 2025, the Kyiv Court of Appeal received the application of ARDIX SPOLKA Z OGRANICZONA ODPOWIEDZIALNOSCIA (Republic of Poland), filed by attorney Ya. H. Kudina, for recognition and grant of leave to compulsorily enforce the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 14 February 2025 in case No. 178/2024 on the claim of ARDIX SPOLKA Z OGRANICZONA ODPOWIEDZIALNOSCIA (Republic of Poland) against the Ministry of Defence of Ukraine for recovery of a debt, in which the representative requested the court:

- to recognise the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 14 February 2025 in case No. 178/2024;

- to grant leave for the compulsory enforcement of the said award in the territory of Ukraine;

- to issue a writ of execution for the compulsory enforcement of the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 14 February 2025 in case No. 178/2024.

On 14 January 2026, by the ruling of the Kyiv Court of Appeal, the application of ARDIX SPOLKA Z OGRANICZONA ODPOWIEDZIALNOSCIA (Republic of Poland), filed by its representative, attorney Yana Hennadiivna Kudina, for recognition and grant of leave to compulsorily enforce the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 14 February 2025 was left without movement.

On 20 January 2026, the Kyiv Court of Appeal received the application of the applicant’s representative in compliance with the court’s ruling of 14 January 2026.

On 25 February 2026, the Kyiv Court of Appeal received an objection to the application from the representative of the Ministry of Defence of Ukraine, Yurii Yuriiovych Hulevatyi.

By the ruling of the Kyiv Court of Appeal of 4 March 2026, the case was scheduled for consideration.

On 28 April 2026, the representative of the Ministry of Defence of Ukraine, Yu. Yu. Hulevatyi, filed a motion to return without consideration the application of ARDIX SPOLKA Z OGRANICZONA ODPOWIEDZIALNOSCIA (Republic of Poland), filed by its representative, attorney Yana Hennadiivna Kudina, for recognition and grant of leave to compulsorily enforce the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 14 February 2025, on the basis of Article 476(6) of the Civil Procedure Code of Ukraine.

At the court hearing, the representatives of the Ministry of Defence of Ukraine, Yu. Yu. Hulevatyi and V. V. Sukhovyi, supported the motion.

The applicant’s representative, attorney Ya. H. Kudina, objected at the court hearing to the granting of the said motion. In addition, she stated that she had filed the said application directly with the court and not through the Electronic Court, and therefore Article 476(6) of the Civil Procedure Code of Ukraine does not apply. She also stated that she has only copies of the arbitration agreement, which in her opinion are duly certified.

Having examined the arguments of the motion to return the application without consideration, having heard the opinions of the representatives of the applicant and the debtors, and having analysed the documents submitted by the applicant, the court has reached the following conclusions.

Pursuant to the provisions of Article 474 of the Civil Procedure Code of Ukraine, an award of an international commercial arbitration (if its seat is outside Ukraine), irrespective of the country in which it was made, is recognised and enforced in Ukraine if its recognition and enforcement is provided for by an international treaty the binding nature of which has been consented to by the Verkhovna Rada of Ukraine, or on the principle of reciprocity.

Where the recognition and enforcement of an award of an international commercial arbitration depends on the principle of reciprocity, it is deemed to exist unless proven otherwise.

Article 476 of the Civil Procedure Code of Ukraine provides that an application for recognition and grant of leave to enforce an award of an international commercial arbitration shall be filed in writing and must be signed by the person in whose favour the award of the international commercial arbitration was made, or by that person’s representative.

An application for recognition and grant of leave to enforce an award of an international commercial arbitration must specify:

1) the name of the court with which the application is filed;

2) the name (if any) and composition of the international commercial arbitration that made the award on the basis of which a writ of execution is to be issued; 3) the names (designations) of the participants in the arbitral proceedings (their representatives), and their place of residence (stay) or location;

4) the date and place of the making of the award by the international commercial arbitration;

5) the date of receipt of the award of the international commercial arbitration by the person who filed the application;

6) the applicant’s request for the issuance of a writ of execution for the compulsory enforcement of the award of the international commercial arbitration.

The following shall be attached to an application for recognition and grant of leave to enforce an award of an international commercial arbitration: 1) the original of the duly certified arbitral award or a notarised copy of such award; 2) the original of the arbitration agreement or a notarised copy of such agreement; 3) a document confirming payment of the court fee; 4) copies of the application for recognition and grant of leave to enforce the award of the international commercial arbitration corresponding to the number of participants in the court proceedings, except where such application is filed in electronic form through an electronic account. Where the application is filed in electronic form through an electronic account, evidence of sending a copy thereof to the other participants in the case shall be attached to it, taking into account the provisions of Article 43 of this Code; 5) a power of attorney or other document confirming the authority of the person to sign the application; 6) a translation, certified in accordance with the law, of the documents listed in items 1-3 and 5 of this part into the Ukrainian language or into the language provided for by an international treaty the binding nature of which has been consented to by the Verkhovna Rada of Ukraine, if they are drawn up in another language.

Where an application for recognition and grant of leave to enforce an award of an international commercial arbitration is filed in electronic form, the documents specified in items 1, 2 of part four of this Article may be submitted as copies, but the applicant must submit such documents to the court before the commencement of the court’s consideration of the said application. If the said documents are not submitted, the application is returned without consideration, and the court renders a corresponding ruling.

Thus, it is apparent from the case file that, when applying to the court with the said application, the attorney attached a photocopy of a copy of the arbitration agreement, which is neither the original nor a notarised copy within the meaning of the provisions of the legislation in force. In addition, the attached apostille does not evidence a proper translation of the arbitration agreement itself, since it does not contain identification that it is “document “A””.

Accordingly, the said documents lead to the conclusion that the application filed does not comply with the requirements of Article 476(4)(2) of the Civil Procedure Code of Ukraine.

Thus, Article 476(5) of the Civil Procedure Code of Ukraine provides that the provisions of Article 185 of this Code apply to an application for recognition and grant of leave to enforce an award of an international commercial arbitration filed without compliance with the requirements set out in this Article.

Pursuant to Article 185(1) of the Civil Procedure Code of Ukraine, a judge, having established that a statement of claim has been filed without compliance with the requirements set out in Articles 175 and 177 of this Code, shall, within five days from the date of receipt of the statement of claim by the court, render a ruling leaving the statement of claim without movement.

Accordingly, after the case had been scheduled for consideration, the court established that this application had been filed without compliance with the requirements of Article 476 of the Civil Procedure Code of Ukraine, in connection with the failure of the applying party to submit the original of the arbitration agreement or a notarised copy of such agreement, which was not disputed by the applicant at the court hearing.

Therefore, the court considers that, since this application was filed by the representative by hand in paper form directly with the Kyiv Court of Appeal, there are no grounds for leaving it without consideration on the basis of Article 476(6) of the Civil Procedure Code of Ukraine, as this application was not filed through the “Electronic Court” system.

In view of the foregoing, as of the date of consideration, Article 185(1) of the Civil Procedure Code of Ukraine is to be applied to the said application, as provided for by Article 476(5) of the Civil Procedure Code of Ukraine.

Pursuant to Article 187(11) of the Civil Procedure Code of Ukraine, a judge, having established after the opening of proceedings in the case that a statement of claim has been filed without compliance with the requirements set out in Articles 175, 177 of this Code, shall render a ruling no later than the following day, specifying the grounds for leaving the application without movement, shall notify the claimant thereof and grant the claimant a time limit for rectifying the deficiencies, which may not exceed five days from the date of service of the ruling on the claimant.

Having analysed the said provisions, the court, guided by Article 187(11) of the Civil Procedure Code of Ukraine, has concluded that a ruling leaving the application without movement should be rendered, so that the applicant may rectify the deficiencies, since the application has been filed without compliance with the requirements of Article 476 of the Civil Procedure Code of Ukraine.

Taking into account the established circumstances, the court leaves the application of ARDIX SPOLKA Z OGRANICZONA ODPOWIEDZIALNOSCIA (Republic of Poland), filed by its representative, attorney Yana Hennadiivna Kudina, without movement, granting a time limit of five days for rectifying the deficiencies, to be calculated from 19 May 2026, that is, from the court hearing at which the applicant’s representative was informed of, and had explained to her, the grounds for leaving the application without movement.

The court also explains that, if the deficiencies are not rectified within the time limit set by the court, the application of ARDIX SPOLKA Z OGRANICZONA ODPOWIEDZIALNOSCIA (Republic of Poland), filed by its representative, attorney Yana Hennadiivna Kudina, for recognition and grant of leave to compulsorily enforce the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 14 February 2025 in case No. 178/2024 will be left without consideration.

Guided by Articles 185, 476, the court of appeal

RULED:

The application of ARDIX SPOLKA Z OGRANICZONA ODPOWIEDZIALNOSCIA (Republic of Poland), filed by its representative, attorney Yana Hennadiivna Kudina, for recognition and grant of leave to compulsorily enforce the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 14 February 2025 in case No. 178/2024 on the claim of ARDIX SPOLKA Z OGRANICZONA ODPOWIEDZIALNOSCIA (Republic of Poland) against the Ministry of Defence of Ukraine for recovery from the respondent of USD 8,546,340.00 of debt under the Settlement Agreement on claims under supply contract SA-270422/1 of 27 April 2022 and supply contract SA270422/2 of 27 April 2022, concluded by the parties on 10 August 2023, is to be left without movement, and a time limit of five days, starting from 19 May 2026, is granted for rectifying the deficiencies, namely: submission of the original or a notarised copy of the arbitration agreement.

The ruling enters into legal force upon its signing by the judge and is not subject to cassation appeal.

Judge R. V. Berezovenko