Ruling of Kyiv Court of Appeal in the case 824/71/26 dated 11 September 2026

KYIV COURT OF APPEAL

Appellate proceeding No. 22-sk/824/32/2026

Case No. 824/71/26

R U L I N G on the opening of proceedings

11 September 2026 Kyiv

The Kyiv Court of Appeal, composed of Judge T.Ts. Kashperska of the Judicial Chamber for Civil Cases, deciding on the opening of proceedings on the application of the Private Joint-Stock Company “Po vyrobnytstvu insuliniv “Indar”” for the setting aside of the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 29 May 2026 in case No. 252/2025 on the claim of the Private Joint-Stock Company “Po vyrobnytstvu insuliniv “Indar”” against BIOSISTEMAS Y SEGURIDAD PRIVADA S.A. DE C.V. for the recovery of funds,

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

On 9 September 2026, the application of PrJSC “Po vyrobnytstvu insuliniv “Indar”” for the setting aside of the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 29 May 2026 in case No. 252/2025 was received by the Kyiv Court of Appeal by electronic means of communication through the “Electronic Court” system.

The case falls within the jurisdiction of the Kyiv Court of Appeal in accordance with the requirements of Article 23(3) of the Civil Procedure Code of Ukraine.

The application was filed by an authorised person within the time limit established by procedural law and complies with the requirements as to form and content established by Article 455 of the Civil Procedure Code of Ukraine.

The court fee for filing the application has been paid in the amount determined by sub-item 4 of item 1 of Article 4(2) of the Law of Ukraine “On Court Fee”.

Pursuant to items 1 and 2 of Article 455(4) of the Civil Procedure Code of Ukraine, the following shall be attached to an application for the setting aside of an award of an arbitral tribunal or international commercial arbitration: 1) the original of the arbitral tribunal award, the original of the duly authenticated award of the international commercial arbitration, or duly certified copies thereof. A copy of an award of a permanent arbitral tribunal or international commercial arbitration located in the territory of Ukraine may also be certified by the chairperson of the permanent arbitral tribunal or international commercial arbitration, while a copy of an award of an arbitral tribunal or international commercial arbitration constituted to resolve a specific dispute must be notarised; 2) the original of the arbitration or arbitral agreement, or a duly certified copy thereof.

Pursuant to Article 455(6) of the Civil Procedure Code of Ukraine, where an application for the setting aside of an award of an arbitral tribunal or international commercial arbitration is filed in electronic form, the documents specified in items 1 and 2 of part four of this Article may be submitted as copies; however, the applicant must provide such documents to the court before the start of the court hearing of that application.

If the said documents are not submitted, the application shall be returned, for which the court shall issue a corresponding ruling.

The court has not established any obstacles to opening proceedings on the said application.

Guided by Articles 454-456 of the Civil Procedure Code of Ukraine, the court

r u l e d:

To open proceedings in the case on the application of the Private Joint-Stock Company “Po vyrobnytstvu insuliniv “Indar”” for the setting aside of the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in case No. 252/2025.

To notify the respondent of the receipt of this application by sending it a copy of the application of the Private Joint-Stock Company “Po vyrobnytstvu insuliniv “Indar”” for the setting aside of the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 29 May 2026 in case No. 252/2025 on the claim of the Private Joint-Stock Company “Po vyrobnytstvu insuliniv “Indar”” against BIOSISTEMAS Y SEGURIDAD PRIVADA S.A. DE C.V. for the recovery of funds.

To invite the respondent, within ten days from the date of receipt of a copy of this ruling, to submit any objections regarding the application of the Private Joint-Stock Company “Po vyrobnytstvu insuliniv “Indar”” for the setting aside of the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 29 May 2026 in case No. 252/2025.

The ruling is not subject to appeal.

Judge T.Ts. Kashperska