Ruling of the Kyiv Court of Appeal in the case 824/11/26 dated 20 March 2026

KYIV COURT OF APPEAL

Case No. 824/11/26

Proceedings No. 22-sk/824/12/2026 Presiding judge: L. P. Sushko

RULING on opening proceedings

20 March 2026, Kyiv

The Kyiv Court of Appeal, the Kyiv Court of Appeal composed of presiding judge L. P. Sushko, having considered the materials of the application of attorney PERSON_1, representing the interests of INFORMATION_1, to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 21 November 2025 in case No. 452/2024 on the claim of INFORMATION_2 against INFORMATION_1 for the recovery of INFORMATION_3 as a penalty for late delivery of goods, INFORMATION_4 as a fine for delay in delivery of goods exceeding 30 days, INFORMATION_5 as a fine for untimely remedying of defects in the goods, INFORMATION_6 as a fine for breach of the contract terms regarding quality, and court costs, and also for an order to deliver INFORMATION_7 provided for by the contract, INFORMATION_7,

FOUND:

By the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 21 November 2025 in case No. 452/2024, there were recovered from INFORMATION_1 in favour of INFORMATION_2 INFORMATION_8 as a penalty for late delivery of goods, INFORMATION_4 as a fine for delay in delivery of goods of more than 30 days, INFORMATION_5 as a fine for untimely remedying of defects, INFORMATION_6 as a fine for breach of the contract terms regarding the quality of the goods, INFORMATION_9 as reimbursement of the costs of paying the arbitration fee, in total INFORMATION_10, and the respondent was ordered to deliver INFORMATION_7 as a replacement under the contract.

On 22 January 2026, the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry gave a response to the respondent's request for an additional arbitral award, by which the request of attorney PERSON_1, representing the interests of INFORMATION_1, for the making of an additional award was left without consideration.

On 15 March 2026, the representative of INFORMATION_1, attorney PERSON_1, sent to the Kyiv Court of Appeal through the "Electronic Court" subsystem of the Unified Judicial Information and Telecommunication System an application to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 21 November 2025 in case No. 452/2024.

On 16 March 2026, the materials of the application were received by the Kyiv Court of Appeal, and on 17 March 2026 they were transferred to the presiding judge.

Taking into account the existing response of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 22 January 2026 to the respondent's request for an additional arbitral award, the application to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 21 November 2025 in case No. 452/2024 was filed in the manner and within the time limits provided for by Article 454 of the Civil Procedure Code of Ukraine, by a person entitled to apply to the court with an application to set aside an award of international commercial arbitration.

The application to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry complies with the requirements as to form and content established by Article 455 of the Civil Procedure Code of Ukraine.

At the same time, pursuant to Article 455(6) of the Civil Procedure Code of Ukraine, where an application to set aside an award of an arbitral tribunal or of 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 in copies; however, the applicant must submit such documents to the court before the commencement of the court hearing of the said application. If the said documents are not submitted, the application shall be returned, for which the court shall issue a corresponding ruling.

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".

No obstacles to opening proceedings on the application have been established.

Pursuant to Article 456(1) of the Civil Procedure Code of Ukraine, the participants in the case have the right to submit to the court their objections (explanations) regarding the application filed and the evidence on which such objections (explanations) are based.

Pursuant to Article 457(1), (2) and (5) of the Civil Procedure Code of Ukraine, a case challenging an award of an arbitral tribunal or of international commercial arbitration shall be 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 of international commercial arbitration, at a court hearing with notice to the parties.

The failure to appear of persons duly notified of the date, time and place of the hearing does not preclude the consideration of the case.

The case shall be considered by the court under the rules established for the consideration of a case by a court of first instance under the simplified action procedure, with the specific features established by this Chapter.

Guided by Articles 456 and 457 of the Civil Procedure Code of Ukraine, the court

RULED:

To open proceedings in the case on the application of attorney PERSON_1, representing the interests of INFORMATION_1, to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 21 November 2025 in case No. 452/2024.

To invite the Ministry of Defence of Ukraine to submit any objections (explanations) regarding the application of attorney PERSON_1, representing the interests of INFORMATION_1, to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 21 November 2025 in case No. 452/2024, and the evidence on which such objections (explanations) are based, and to set a time limit for submitting such objections and evidence until 3 April 2026.

To schedule the application of attorney PERSON_1, representing the interests of INFORMATION_1, to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 21 November 2025 in case No. 452/2024 for hearing on 6 April 2026 at 09:50 in the court premises at: Kyiv, 2-A Solomianska Street (courtroom 0910).

To notify the participants in the court proceedings of the date, time and place of the hearing of the application.

The ruling enters into legal force from the moment of signing and is not subject to appeal.

Judge of the Kyiv Court of Appeal L. P. Sushko