Ruling of the Supreme Court of Ukraine in the case 824/91/24 dated 9 June 2026

R U L I N G

9 June 2026, Kyiv, case No. 824/91/24, proceeding No. 61-7333av26

The Supreme Court, sitting as a panel of judges of the Third Judicial Chamber of the Civil Cassation Court: V. M. Ihnatenko (judge-rapporteur), O. M. Sytnik,

I. M. Falovska, having considered the appeal of INFORMATION_1, on whose behalf attorney PERSON_1 acts, against the ruling of the Kyiv Court of Appeal of 25 May

2026 on the application of attorney PERSON_1, acting on behalf of INFORMATION_1, for review on the basis of newly discovered circumstances of the ruling of the Kyiv Court of Appeal of 20 September 2024 in the case on the application of the legal entity established under the laws of ADDRESS_1 INFORMATION_1 to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 26 March 2024 in case No. 425/2023 on the claim of INFORMATION_2 against INFORMATION_1 for recovery of debt,

FOUND:

On 25 June 2024, the legal entity established under the laws of ADDRESS_1, INFORMATION_1, applied to the court to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 26 March 2024 in case No. 425/2023.

By the ruling of the Kyiv Court of Appeal of 20 September 2024, the application of INFORMATION_1 to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 26 March 2024 in case No. 425/2023 was refused.

Disagreeing with the said ruling of the court, the representative of INFORMATION_1 filed an appeal.

By the resolution of the Supreme Court of 3 January 2025, the appeal of the representative of INFORMATION_1 was partially allowed. The ruling of the Kyiv Court of Appeal of 20 September 2024 was modified, with its reasoning part restated in the wording of that resolution.

On 20 May 2026, the representative of INFORMATION_1 filed an application for review of the ruling of the Kyiv Court of Appeal of 20 September 2024 on the basis of newly discovered circumstances.

By the ruling of the Kyiv Court of Appeal of 25 May 2026, the opening of appellate proceedings was refused and the application of INFORMATION_1 for review of the court decision on the basis of newly discovered circumstances was returned.

On 29 May 2026, the Supreme Court received from the representative of INFORMATION_1 an appeal against the ruling of the Kyiv Court of Appeal of 25 May 2026.

In the appeal, the applicant's representative requests that the challenged ruling be set aside and the case be remitted to the Kyiv Court of Appeal to decide on the opening of proceedings on the application for review of the court decision on the basis of newly discovered circumstances.

Pursuant to Article 24(2) and Article 351(2) of the Civil Procedure Code of Ukraine (hereinafter, the CPC of Ukraine), the Supreme Court reviews on appeal the decisions of the courts of appeal rendered by them as courts of first instance.

The appeal complies in form and content with the requirements of Article 356 of the CPC of Ukraine, and the court fee has been paid.

There are no grounds for refusing to open appellate proceedings or for returning the appeal.

Guided by Articles 24, 351, 354, 356, 359, 360 of the CPC of Ukraine, the Supreme Court, sitting as a panel of judges of the Third Judicial Chamber of the Civil Cassation Court,

RESOLVED:

To open appellate proceedings on the appeal of INFORMATION_1, on whose behalf attorney PERSON_1 acts, against the ruling of the Kyiv Court of Appeal of 25 May 2026.

To request from the Kyiv Court of Appeal case No. 824/91/24 on the application of INFORMATION_1 for review on the basis of newly discovered circumstances of the ruling of the Kyiv Court of Appeal of 20 September 2024 in the case on the application of the legal entity established under the laws of ADDRESS_1 INFORMATION_1 to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 26 March 2024 in case No. 425/2023 on the claim of INFORMATION_2 against INFORMATION_1 for recovery of debt.

To send the ruling on the opening of appellate proceedings to the person who filed the appeal, as well as to the other participants in the case, together with a copy of the appeal and the materials attached to it.

To explain to the participants in the case their right to file a response to the appeal, which must comply in form and content with the requirements of Article 360 of the CPC of Ukraine, within a time limit that may not exceed ten days from the date of service of this ruling.

The ruling enters into legal force from the moment of its signing and is not subject to appeal.

Judges V. M. Ihnatenko

O. M. Sytnik

I. M. Falovska