Non-official translation · Judgment
Order of Supreme Court, Civil Cassation Court, First Judicial Chamber in the case 824/47/26 dated 14 September 2026
Supreme Court, Civil Cassation Court, First Judicial Chamber
In this matterOrder of Supreme Court, Civil Cassation Court, First Judicial Chamber in the case 824/47/26 dated 14 September 2026
- 6 April 2026Arbitral award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in case no. 229/2025 dated 6 April 2026Source link only
- 6 April 2026Decision of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in case No. 229/2025 dated 6 April 2026Source link only
- 21 May 2026Ruling of Kyiv Court of Appeal in the case 824/47/26 dated 21 May 2026Text
- 14 September 2026Order of Supreme Court, Civil Cassation Court, First Judicial Chamber in the case 824/47/26 dated 14 September 2026Text
- 14 September 2026Ruling of Supreme Court of Ukraine in the case 824/47/26 dated 14 September 2026Text
RULING
14 September 2026, Kyiv
case No. 824/47/26
proceeding No. 61-9420av26
The Supreme Court, sitting as a panel of judges of the First Judicial Chamber of the Civil Cassation Court: R. A. Lidovets (Judge-Rapporteur), I. Yu. Huleikov, D. D. Luspenyk,
having heard the report of the Judge-Rapporteur on the preparatory actions in the case on the application of Shumate Inc. dba ARIS Defence (United States of America) to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 6 April 2026 in case No. 229/2025 on the claim of the State Enterprise of the Ministry of Defence of Ukraine “Defence Procurement Agency” against Shumate Inc. dba ARIS Defence (United States of America) for recovery of funds and on the counterclaim of Shumate Inc. dba ARIS Defence (United States of America) against the State Enterprise of the Ministry of Defence of Ukraine “Defence Procurement Agency” for invalidation of a unilateral transaction, upon the appeal of Shumate Inc. dba ARIS Defence (United States of America) against the ruling of the Kyiv Court of Appeal of 16 June 2026 rendered by Judge O. V. Zhelepa,
ESTABLISHED:
On 18 May 2026, the representative of the applicant Shumate Inc. dba ARIS Defence (United States of America), attorney Yu. K. Molicheva, filed with the Kyiv Court of Appeal an application requesting a ruling setting aside in full the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (hereinafter, the ICAC at the Ukrainian Chamber of Commerce and Industry) of 6 April 2026 in case No. 229/2025 on the claim of the State Enterprise of the Ministry of Defence of Ukraine “Defence Procurement Agency” against Shumate Inc. dba ARIS Defence for recovery of funds and on the counterclaim of Shumate Inc. dba ARIS Defence against the State Enterprise of the Ministry of Defence of Ukraine “Defence Procurement Agency” for invalidation of a unilateral transaction.
By the ruling of the Kyiv Court of Appeal of 16 June 2026, the application of Shumate Inc. dba ARIS Defence (United States of America), filed by its representative, attorney Yu. K. Molicheva, to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 6 April 2026 in case No. 229/2025 was dismissed.
In July 2026, the Civil Cassation Court within the Supreme Court received the appeal of Shumate Inc. dba ARIS Defence (United States of America) against the ruling of the Kyiv Court of Appeal of 16 June 2026.
By the ruling of the Supreme Court, acting as the court of appeal, of 4 August 2026, appellate proceedings in the case were opened.
In August 2026, the Supreme Court received a motion of the State Enterprise of the Ministry of Defence of Ukraine “Defence Procurement Agency” to hear the case in a closed court hearing, on the grounds that the case contains official information with restricted access and its disclosure may result in harm to the interests of national security and defence of Ukraine.
Pursuant to Article 366 of the Civil Procedure Code of Ukraine, after the preparatory actions have been carried out, the Judge-Rapporteur reports on them to the panel of judges, which decides on the conduct of additional preparatory actions, if necessary, and on scheduling the case for hearing.
The participants in the case shall be notified of the date, time and place of the hearing if, in accordance with this Code, the case is heard with notice to them.
Pursuant to Article 7(7) and (9) of the Civil Procedure Code of Ukraine, a case shall be heard in a closed court hearing where an open hearing may result in the disclosure of secret or other information protected by law, or on the motion of the participants in the case in order to ensure the secrecy of adoption, to prevent the disclosure of information about intimate or other personal aspects of the lives of the participants in the case or information degrading their honour and dignity, as well as in other cases established by law.
A ruling shall be issued on hearing a case in a closed court hearing. The court may, by a ruling, declare a court hearing closed in whole or in part.
The preparation of the case for hearing has been carried out in full to the extent set out in Article 365 of the Civil Procedure Code of Ukraine, and the appellate hearing of the case has been secured. There are no grounds for carrying out additional preparatory actions.
The motion of the State Enterprise of the Ministry of Defence of Ukraine “Defence Procurement Agency” to hear the case in a closed court hearing is to be granted, since the applicant has presented proper and sufficient facts to believe that the disclosure of information within this case may adversely affect the interests of the State under the legal regime of martial law.
Having heard the report of the Judge-Rapporteur and having found the preparation of the case for appellate hearing to be completed, guided by Articles 351, 365, 366 of the Civil Procedure Code of Ukraine, the Supreme Court, sitting as a panel of judges of the First Judicial Chamber of the Civil Cassation Court,
RULED:
To complete the preparatory actions in the case on the application of Shumate Inc. dba ARIS Defence (United States of America) to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 6 April 2026 in case No. 229/2025 on the claim of the State Enterprise of the Ministry of Defence of Ukraine “Defence Procurement Agency” against Shumate Inc. dba ARIS Defence (United States of America) for recovery of funds and on the counterclaim of Shumate Inc. dba ARIS Defence (United States of America) against the State Enterprise of the Ministry of Defence of Ukraine “Defence Procurement Agency” for invalidation of a unilateral transaction, upon the appeal of Shumate Inc. dba ARIS Defence (United States of America) against the ruling of the Kyiv Court of Appeal of 16 June 2026.
To grant the motion of the State Enterprise of the Ministry of Defence of Ukraine “Defence Procurement Agency” to hear the case in a closed court hearing.
To schedule the case for hearing in a closed court hearing on 8 October 2026 at 10:30 at the address: Kyiv, 28 Povitrianykh Syl Avenue, with notice to the participants in the case.
The ruling is not subject to appeal.
Judges: R. A. Lidovets
I. Yu. Huleikov
D. D. Luspenyk
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.