Non-official translation · Judgment
Ruling of the Kyiv Court of Appeal in the case 824/59/26 dated 3 August 2026
Kyiv Court of Appeal
In this matterRuling of the Kyiv Court of Appeal in the case 824/59/26 dated 3 August 2026
- 22 June 2026Award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in case no. 220/2025 dated 22 June 2026Source link only
- 3 August 2026Ruling of the Kyiv Court of Appeal in the case 824/59/26 dated 3 August 2026Text
- 6 August 2026Order of the Kyiv Court of Appeal in the case 824/59/26 dated 6 August 2026Text
R U L I N G
3 August 2026, city of Kyiv, case 824/59/26, proceeding No. 22-sk/824/25/2026
The Kyiv Court of Appeal, composed of presiding Judge O. I. Shkorina, having considered the issue of compliance with the requirements of Article 455 of the Civil Procedure Code of Ukraine of the application of “INFORMATION_1”, filed by attorney PERSON_1, to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 22 June 2026 in case No. 220/2025,
E S T A B L I S H E D:
On 15 July 2026, the representative of “INFORMATION_1” (ADDRESS_1), attorney PERSON_1, applied to the Kyiv Court of Appeal with an application requesting a ruling setting aside in full the award of the ICAC at the Ukrainian Chamber of Commerce and Industry of 22 June 2026 in case No. 220/2025 on the claim of INFORMATION_2 against “INFORMATION_1” and on the counterclaim of “INFORMATION_1” against INFORMATION_2.
However, the application cannot be accepted by the court for consideration, since it was filed without compliance with the requirements set out in Article 455(4)(7) of the Civil Procedure Code of Ukraine.
An application to set aside an award of an arbitral tribunal or international commercial arbitration shall be accompanied by a translation, certified in accordance with the law, of the documents listed in items 1-3 of this part into the Ukrainian language or into the language provided for by an international treaty of Ukraine, if they are in another language.
The application filed by the representative of “INFORMATION_1” (ADDRESS_1), attorney PERSON_1, through the “Electronic Court” subsystem was accompanied by a scanned copy of the Arbitral Award of the ICAC at the Ukrainian Chamber of Commerce and Industry in the case of 22 June 2026, written in English. However, the applicant failed to comply with the requirement set out in Article 455(4)(7) of the Civil Procedure Code of Ukraine regarding submission of a translation of the documents specified in that same item.
Pursuant to Article 455(5) of the Civil Procedure Code of Ukraine, the provisions of Article 185 of this Code shall apply to an application to set aside an award of an arbitral tribunal or international commercial arbitration filed without compliance with the requirements set out in this Article, as well as to one filed by a person who, under Article 14(6) of this Code, is obliged to register an electronic cabinet but has not registered it.
Under Article 185(1) and (2) 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 issue a ruling leaving the statement of claim without progress. The ruling leaving the statement of claim without progress shall specify the defects of the statement of claim and the time limits for their rectification.
Thus, since the application filed and the documents attached to it do not comply with the requirements of Article 455(4)(7) of the Civil Procedure Code of Ukraine, there are grounds for granting the applicant time to rectify the defects, with a warning that, should this ruling not be complied with, the application will be deemed not filed and returned to the applicant on the basis of Article 185 of the Civil Procedure Code of Ukraine.
Guided by Articles 185 and 476 of the Civil Procedure Code of Ukraine, the court
R U L E D:
To leave without progress the application of “INFORMATION_1”, filed by attorney PERSON_1, to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 22 June 2026 in case No. 220/2025, granting a period of ten days from the date of service of a copy of the ruling to rectify the defects specified in the reasoning part of this ruling.
To warn the applicant that, should this ruling not be complied with, the application will be deemed not filed and returned to the person who filed it.
The ruling is not subject to appeal.
Judge: O. I. Shkorina
Non-official English translation prepared by Arbitral Digest via machine translation without human proofreading. It can make mistakes, please check the translation before relying on it.