Ruling of the Supreme Court of Ukraine in the case 824/139/25 dated 28 April 2026

RULING

28 April 2026, Kyiv, case No. 824/139/25, proceedings No. 61-3842av26

The Supreme Court, composed of a panel of judges of the Third Judicial Chamber of the Civil Cassation Court: S. Yu. Martiev (judge-rapporteur), S. O. Karpenko, I. M. Falovska, having heard the report of the judge-rapporteur on the conduct of preparatory actions in the case on the appeal of a legal entity established under the laws of INFORMATION_1 against the ruling of the Kyiv Court of Appeal of 26 February 2026 in the case on the application of INFORMATION_2 for recognition and leave to enforce 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 a legal entity established under the laws of INFORMATION_1 for the recovery of a debt,

FOUND:

In December 2025, INFORMATION_2 applied to the Kyiv Court of Appeal with an application for recognition and leave to enforce 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 a legal entity established under the laws of INFORMATION_1, in which the applicant requested the issuance of a writ of execution for its enforcement and requested the recovery of court costs.

By its ruling of 26 February 2026, the Kyiv Court of Appeal partially granted the application of INFORMATION_2 for recognition and leave to enforce 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 a legal entity established under the laws of INFORMATION_1 for the recovery of a debt.

It granted leave to enforce 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 a legal entity established under the laws of INFORMATION_1 for the recovery of a debt.

It issued a writ of execution for the enforcement of 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 a legal entity established under the laws of INFORMATION_1 for the recovery of a debt, according to which it was decided: "To recover from the company INFORMATION_1 (ADDRESS_1, registration number NUMBER_1) in favour of INFORMATION_2 (ADDRESS_2; EDRPOU code NUMBER_2) INFORMATION_3 as a penalty for failure to deliver the goods within the time limits provided for by the Specification to the Contract, INFORMATION_4 as a fine for delay in delivery of the goods exceeding 30 days, and INFORMATION_5 as reimbursement of the arbitration fee, in total INFORMATION_6".

It recovered from the company INFORMATION_1 in favour of INFORMATION_2 court costs in the amount of INFORMATION_7.

On 23 March 2026, through the "Electronic Court" subsystem, attorney PERSON_1, acting in the interests of INFORMATION_1, filed with the Supreme Court an appeal against the ruling of the Kyiv Court of Appeal of 26 February 2026, in which she requested that the challenged ruling be set aside and that the application of INFORMATION_2 for recognition and leave to enforce 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 a legal entity established under the laws of INFORMATION_1 for the recovery of a debt be left without consideration.

By its ruling of 3 April 2026, the Supreme Court opened appeal proceedings in this case; requested case No. 824/139/25 from the Kyiv Court of Appeal; sent the participants in the case copies of the appeal and the documents attached to it, and explained to them their right to submit, within ten days from the date of service of that ruling, a response to the appeal.

On 23 April 2026, the materials of case No. 824/139/25 were received by the Supreme Court from the Kyiv Court of Appeal.

On 24 April 2026, attorney PERSON_1, acting in the interests of INFORMATION_1, applied to the Supreme Court with a motion to refer case No. 824/139/25 to the Grand Chamber of the Supreme Court on the basis of Article 403(5) of the Civil Procedure Code of Ukraine (the "CPC of Ukraine"), arguing that the case contains an exceptional problem concerning the application of Article 476(4) of the CPC of Ukraine regarding the mandatory submission of the original or a notarised copy of the arbitration agreement where a party denies its existence.

Pursuant to Article 403(5) of the CPC of Ukraine, a court considering a case in cassation as a panel or chamber has the right to refer the case to the Grand Chamber of the Supreme Court if it concludes that the case contains an exceptional legal problem and such referral is necessary to ensure the development of the law and the formation of uniform law-enforcement practice.

Given that the appeal of the legal entity established under the laws of INFORMATION_1 is pending before the Supreme Court composed of a panel of judges of the Third Judicial Chamber of the Civil Cassation Court, there are no grounds for deciding on the referral of the case to the Grand Chamber of the Supreme Court, and therefore the motion should be refused.

The preparation of the case for consideration has been carried out in full to the extent determined by Article 365 of the CPC of Ukraine, and the appellate consideration of the case has been secured. There are no grounds for carrying out additional preparatory actions.

Pursuant to Article 479(7) of the CPC of Ukraine, a court ruling on recognition and leave to enforce, or on refusal of recognition and leave to enforce, an award of international commercial arbitration may be challenged by the parties on appeal in the manner provided for by this Code for challenging court decisions.

According to Article 366 of the CPC of Ukraine, after the preparatory actions have been carried out, the judge-rapporteur reports on them to the panel of judges, which decides on carrying out additional preparatory actions, if necessary, and on scheduling the case for consideration.

The participants in the case shall be notified of the date, time and place of the hearing if, under this Code, the case is considered with notice to them.

Having heard the report of the judge-rapporteur and having found the preparation of the case for appellate consideration to be completed, guided by Article 366 of the CPC of Ukraine, the Supreme Court, composed of a panel of judges of the Third Judicial Chamber of the Civil Cassation Court,

RULED:

To refuse the motion of attorney PERSON_1, filed in the interests of INFORMATION_1, to refer the case to the Grand Chamber of the Supreme Court.

To complete the preparatory actions on the appeal of the legal entity established under the laws of INFORMATION_1 against the ruling of the Kyiv Court of Appeal of 26 February 2026 in the case on the application of INFORMATION_2 for recognition and leave to enforce 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 a legal entity established under the laws of INFORMATION_1 for the recovery of a debt.

To schedule the case for consideration at an open court hearing on 7 May 2026 at 10:00, with notice to the participants in the case.

The ruling is not subject to appeal.

Judges: S. Yu. Martiev

S. O. Karpenko

I. M. Falovska