Ruling of Kyiv Court of Appeal in the case 824/47/26 dated 21 May 2026

RULING

21 May 2026, city of Kyiv

Case No. 824/47/26

Proceeding No. 22-sk/824/17/2026

The Kyiv Court of Appeal, composed of judge O. V. Zhelepa of the Judicial Chamber for Civil Cases, deciding on the opening of proceedings on the application of Shumate Inc. dba ARIS Defence (United States of America), filed by its representative, attorney Yuliia Kostiantynivna 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 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

FOUND

On 18 May 2026, the applicant's representative, attorney Yu. K. Molicheva, filed the said application with the Kyiv Court of Appeal through the "Electronic Court" system.

The case falls within the jurisdiction of the Kyiv Court of Appeal in accordance with Article 23(2) and Article 454(4) of the Civil Procedure Code of Ukraine.

The challenged award was rendered on 6 April 2026, and the application was filed on 18 May 2026, that is, within the time limit provided for by Article 454(5) of the Civil Procedure Code of Ukraine.

In preparing the case for consideration, it was established that the application complies in form and content with the requirements of Article 455 of the Civil Procedure Code of Ukraine.

Pursuant to Article 456 of the Civil Procedure Code of Ukraine, in the absence of grounds for refusing to open proceedings in the case or for returning an application to set aside an award of an arbitral tribunal or of 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.

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

RULED

To open proceedings on the application of Shumate Inc. dba ARIS Defence (United States of America), filed by its representative, attorney Yuliia Kostiantynivna 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.

To schedule the case for court hearing on the premises of the Kyiv Court of Appeal (Kyiv, 2-a Solomianska Street, courtroom No. 1107) on 16 June 2026 at 14 hours 45 minutes.

To send the participants in the case a copy of the ruling on the opening of proceedings and to notify them of the date, time and place of the court hearing.

To explain to the State Enterprise of the Ministry of Defence of Ukraine "Defence Procurement Agency" its right to submit its objections (explanations) regarding the application filed and the evidence on which such objections (explanations) are based within five days from the date of receipt of a copy of the ruling on the opening of proceedings.

To explain to the applicant Shumate Inc. dba ARIS Defence (United States of America) the provisions of Article 455(6) of the Civil Procedure Code of Ukraine, namely that the applicant must submit to the court the documents specified in paragraphs 1 and 2 of Article 455(4) of the Civil Procedure Code of Ukraine before the commencement of the court hearing of the said application. If the said documents are not submitted, the application shall be returned.

The ruling is not subject to appeal.

Judge O. V. Zhelepa