Order of Kyiv Court of Appeal in the case 824/73/26 dated 14 September 2026

KYIV COURT OF APPEAL

R U L I N G

14 September 2026, Kyiv

Unique case number No. 824/73/26

Proceedings No. 22-sk/824/34/2026

The Kyiv Court of Appeal, composed of Judge of the Judicial Chamber for Civil Cases B.B. Levenets, having studied the case materials on the application of JEREN OIL & GAS ENGINEERING CORPORATION (DZHEREKH OIL END HAZ INZHYNIRYNH KORPOREISHN) to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 29 May 2026 in case No. 39/2025,

e s t a b l i s h e d:

On 10 September 2026, the representative of JEREN OIL & GAS ENGINEERING CORPORATION (DZHEREKH OIL END HAZ INZHYNIRYNH KORPOREISHN), attorney Khrystyna Viktorivna Shvab, filed with the court an application to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 29 May 2026 in case No. 39/2025 (case file pages 1-32).

On 10 September 2026, the application materials were received by the Kyiv Court of Appeal and on 11 September 2026 were transferred to the presiding judge.

The application to set aside the award of the international commercial arbitration has been filed in the manner and within the time limits provided for by Article 454 of the Civil Procedure Code of Ukraine, complies with the requirements as to form and content established by Article 455 of the Civil Procedure Code of Ukraine, and the court fee for filing the application has been paid; therefore, the proceedings are to be opened by the court of appeal.

In view of the provisions of Article 456(1) of the Civil Procedure Code of Ukraine, in the absence of grounds for refusing to open proceedings in the case or for returning the application to set aside an award of an arbitral tribunal or international commercial arbitration, the court, no later than five days from the date of receipt of such application, opens proceedings in the case, invites the participants in the case to submit their objections (explanations) regarding the application filed and the evidence on which such objections (explanations) are based, and sets a time limit for submitting such objections (explanations) and evidence.

Pursuant to Article 457(1) of the Civil Procedure Code of Ukraine, a case challenging an award of an arbitral tribunal or international commercial arbitration is considered by a judge sitting alone within thirty days from the date of receipt by the court of the application to set aside the award of the arbitral tribunal or international commercial arbitration, at a court hearing with notice to the parties.

Article 456(2) of the Civil Procedure Code of Ukraine provides that, before the commencement of the consideration of the case, the court, upon the motion of any participant in the proceedings or on its own initiative, may request from the arbitral tribunal or international commercial arbitration the necessary case materials relating to the grounds for setting aside the award of the arbitral tribunal or international commercial arbitration. The requested materials are sent to the court within five days from the date of receipt of such request.

In such circumstances, in order to verify the arguments set out in the application of JEREN OIL & GAS ENGINEERING CORPORATION [DZHEREKH OIL END HAZ INZHYNIRYNH KORPOREISHN] to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 29 May 2026 in case No. 39/2025, the court has concluded that the materials of arbitration case No. 39/2025 should be requisitioned from the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry.

Guided by Articles 454-457 of the Civil Procedure Code of Ukraine,

r u l e d:

To open proceedings in the case on the application of JEREN OIL & GAS ENGINEERING CORPORATION (DZHEREKH OIL END HAZ INZHYNIRYNH KORPOREISHN) to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 29 May 2026 in case No. 39/2025.

To schedule the case for hearing in an open court session of the Kyiv Court of Appeal (2-A Solomianska Street) on 5 October 2026 at 10:00.

The participants in the case shall be notified of the receipt of this application by sending them a copy of the application to set aside the award of the international commercial arbitration.

A copy of this ruling shall be sent to the participants in the case.

The participants in the case shall be notified of the date, time and place of the hearing.

To invite Joint Stock Company “Ukrgasvydobuvannya” to submit any objections (explanations) regarding the application filed to set aside the award of the international commercial arbitration and the evidence on which such objections (explanations) are based, and to set the time limit for submitting such objections (explanations) and evidence at five days from the date of service of the ruling opening proceedings in the case.

To requisition from the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry the materials of arbitration case No. 39/2025.

To explain to the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry that the requested materials are to be sent to the Kyiv Court of Appeal within five days from the date of receipt of such request

The ruling is not subject to appeal.

Judge _________________ B.B. Levenets