Non-official translation · Judgment
Ruling of the Supreme Court, Civil Cassation Court, Second Judicial Chamber in the case 824/59/26 dated 29 September 2026
Supreme Court, Civil Cassation Court, Second Judicial Chamber
In this matterRuling of the Supreme Court, Civil Cassation Court, Second Judicial Chamber in the case 824/59/26 dated 29 September 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
- 29 September 2026Ruling of the Supreme Court, Civil Cassation Court, Second Judicial Chamber in the case 824/59/26 dated 29 September 2026Text
RULING
29 September 2026, Kyiv, Case No. 824/59/26, Proceeding No. 61-12388as26
The Supreme Court, composed of a panel of judges of the Second Judicial Chamber of the Civil Cassation Court: V. M. Korotun (Judge-Rapporteur), I. A. Vorobiova,
M. Ye. Chervynska, has considered the appeal of the company KRAVE CORP (United States of America) against the ruling of the Kyiv Court of Appeal of 10 September 2026 in the case concerning the application of the Ministry of Defence of Ukraine for recognition and grant of leave to enforce 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 on the claim of the Ministry of Defence of Ukraine (Ukraine) against the company KRAVE CORP (United States of America) for recovery of the amount of advance payments, and on the counterclaim of the company KRAVE CORP (United States of America) against the Ministry of Defence of Ukraine (Ukraine) to oblige it to accept the goods and sign the acceptance and transfer certificates, to annul the test report, and to declare invalid the claimant’s notice of termination (cancellation) of the contract,
ESTABLISHED:
On 19 August 2026, the Kyiv Court of Appeal received the application of the Ministry of Defence of Ukraine for recognition and grant of leave to enforce 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 on the claim of the Ministry of Defence of Ukraine (Ukraine) against the company KRAVE CORP (United States of America) for recovery of the amount of advance payments, and on the counterclaim of the company KRAVE CORP (United States of America) against the Ministry of Defence of Ukraine (Ukraine) to oblige it to accept the goods and sign the acceptance and transfer certificates, to annul the test report, and to declare invalid the claimant’s notice of termination (cancellation) of the contract.
On 20 August 2026, the Kyiv Court of Appeal received the application of the Ministry of Defence of Ukraine for securing the claim.
By the ruling of the Kyiv Court of Appeal of 10 September 2026, the application of the Ministry of Defence of Ukraine was granted.
An attachment was imposed on movable property, namely: PASGT bulletproof helmets in the quantity of 1751 units, located at the address:
ADDRESS_1, military unit NUMBER_1, with a book value of
UAH 17,461,427.26, according to military property (category) record card No. 5 of 1 January 2026 and the inventory list of non-current assets (fixed assets, intangible assets, other non-current tangible assets, capital investments) of 1 July 2026, belonging to the respondent, KRAVE CORP (a corporation incorporated under the laws of the State of California, United States of America; legal entity identification number: 3713009; address: 4300 BISCAYNE BLVD 203, MIAMI, FL 33137, United States of America), and the said attached movable property was ordered to be transferred for safekeeping to military unit NUMBER_1 (location: ADDRESS_1).
On 24 September 2026, the company KRAVE CORP (United States of America) applied to the Supreme Court with an appeal against the ruling of the Kyiv Court of Appeal of 10 September 2026.
Article 24(2) and Article 351(2) of the Civil Procedure Code of Ukraine provide that the Supreme Court reviews on appeal the court decisions of the courts of appeal rendered by them as courts of first instance.
The appeal complies with the requirements as to form and content established by Article 356 of the Civil Procedure Code of Ukraine.
There are no grounds for refusing to open appellate proceedings or for returning the appeal.
The arguments set out in the appeal contain the grounds provided for by the requirements of Article 359 of the Civil Procedure Code of Ukraine for opening appellate proceedings. The issue of opening appellate proceedings in the case shall be decided no later than five days from the date of receipt of the appeal or of the application for rectification of deficiencies filed in accordance with the procedure provided for by Article 357 of this Code.
Pursuant to Article 360(1) of the Civil Procedure Code of Ukraine, the participants in the case have the right to file with the court of appeal a written response to the appeal within the time limit established by the court of appeal in the ruling on the opening of appellate proceedings.
Guided by Articles 24, 351, 355, 356, 359, 360, 479 of the Civil Procedure Code of Ukraine, the Supreme Court, composed of a panel of judges of the Second Judicial Chamber of the Civil Cassation Court,
RULED:
To open appellate proceedings on the appeal of the company KRAVE CORP (United States of America) against the ruling of the Kyiv Court of Appeal of 10 September 2026.
To requisition from the Kyiv Court of Appeal civil case No. 824/59/26 concerning the application of the Ministry of Defence of Ukraine for recognition and grant of leave to enforce 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 on the claim of the Ministry of Defence of Ukraine (Ukraine) against the company KRAVE CORP (United States of America) for recovery of the amount of advance payments, and on the counterclaim of the company KRAVE CORP (United States of America) against the Ministry of Defence of Ukraine (Ukraine) to oblige it to accept the goods and sign the acceptance and transfer certificates, to annul the test report, and to declare invalid the claimant’s notice of termination (cancellation) of the contract.
To explain to the participants in the case their right to file a response to the appeal, which in form and content must comply with the requirements of Article 360 of the Civil Procedure Code of Ukraine, within ten days from the date of receipt of this ruling.
The response must be accompanied by evidence that the response and the documents attached to it have been sent to the other participants in the case.
The ruling is not subject to appeal.
Judges: V. M. Korotun
I. A. Vorobiova
M. Ye. Chervynska
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.