Ruling of the Kyiv Court of Appeal in the case 824/7/26 dated 13 March 2026

KYIV COURT OF APPEAL

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R U L I N G

13 March 2026, city of Kyiv, single unique case number: 824/7/26, proceedings number: 22-sk/824/10/2026

The Kyiv Court of Appeal, composed of Judge S. M. Verlanov of the Judicial Chamber for Civil Cases, having considered the application of the representative of INFORMATION_1 – attorney PERSON_1 to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, rendered by the Arbitral Tribunal formed of sole arbitrator PERSON_2, of 21 November 2025 in case No. 452/2024 on the claim of INFORMATION_2 against INFORMATION_1 for recovery of penalty sanctions for late delivery of defence goods,

E S T A B L I S H E D:

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 was recovered from INFORMATION_1 in favour of INFORMATION_2 a total sum of money in the amount of INFORMATION_3, of which: INFORMATION_4 – penalty for delay in the delivery of goods; INFORMATION_5 – fine for delay in the delivery of goods by more than 30 days; INFORMATION_6 – fine for failure to remedy defects in a timely manner; INFORMATION_7 – fine for breach of the contractual terms concerning the quality of the goods; INFORMATION_8 – reimbursement of the costs of paying the arbitration fee.

INFORMATION_1 was ordered to deliver INFORMATION_9 as a replacement in accordance with the contract.

The other claims were rejected.

INFORMATION_1 was refunded part of the paid arbitration fee in the amount of INFORMATION_10 and the overpaid arbitration fee in the amount of INFORMATION_11, which together, at the exchange rate of the National Bank of Ukraine on the day of payment, amount to INFORMATION_12.

On 23 February 2026, the Kyiv Court of Appeal received the application of the representative of INFORMATION_1 – attorney PERSON_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.

By the ruling of the Kyiv Court of Appeal of 25 February 2026, the application of the representative of INFORMATION_1 – attorney PERSON_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 was left without progress, and the applicant was granted a period to comply with the requirements of the ruling within ten days from the date of service of a copy of that ruling, namely:

to submit a new version of 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, since in the submitted application attorney PERSON_1 made a clerical error as to the date of adoption of the contested award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry;

to provide a duly certified copy of the letter of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry of 22 December 2025 refusing to render an additional award;

to attach to the duly drawn-up 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 copies thereof and of the documents attached to it according to the number of participants in the proceedings, and, where the application is filed in electronic form through the electronic cabinet, to attach to it evidence of sending its copy and copies of the attached documents to the other participants in the case, taking into account the provisions of Article 43 of the Civil Procedure Code of Ukraine.

The report on the delivery of outgoing correspondence of the Kyiv Court of Appeal available in the case file shows that on 27 October 2025 at 15:52 a copy of the said ruling of the court of appeal of 25 February 2026 was delivered to the electronic cabinet of attorney PERSON_1, which he does not dispute.

Under Article 272(11) of the Civil Procedure Code of Ukraine, if a participant in the case has an electronic cabinet, the court sends all court decisions to such participant in electronic form exclusively by means of the Unified Judicial Information and Communication System or its separate subsystem (module) that ensures the exchange of documents. If a participant in the case does not have an electronic cabinet, the court sends all court decisions to such participant in paper form by registered letter with acknowledgement of receipt.

Under Article 272(6)(2) of the Civil Procedure Code of Ukraine, the day of service of a court decision is the day on which the court receives notification of the delivery of a copy of the court decision to the person’s electronic cabinet.

In doing so, the court takes into account that, under Article 124(3) of the Civil Procedure Code of Ukraine, if the end of a period falls on a weekend, public holiday or other non-working day, the last day of the period is the first working day thereafter.

Article 73(1) of the Labour Code of Ukraine establishes that 8 March – International Women’s Day – is a public holiday.

Under Article 67(3) of the Labour Code of Ukraine, where a public holiday or non-working day (Article 73) coincides with a day off, the day off is moved to the day following the public holiday or non-working day. Note: {During the period of martial law, the provisions of Article 67(3) do not apply pursuant to Law No. 2136-IX of 15 March 2022}.

On 24 February 2022, on the basis of Decree of the President of Ukraine No. 64/2022, martial law was introduced throughout the territory of Ukraine; it has been repeatedly extended and has not been lifted to date.

Given that the applicant received a copy of the ruling leaving the application without progress on 27 February 2026, the last day for remedying the deficiencies of the application was 9 March 2026, which, under the conditions of continuing martial law, is a working day.

The case file shows that the application for remedying the deficiencies of 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 by the representative of INFORMATION_1 – attorney PERSON_1 through the Electronic Court on 10 March 2026, that is, after the expiry of the period established by the ruling of the Kyiv Court of Appeal of 25 February 2026.

Thus, the representative of INFORMATION_1 – attorney PERSON_1 did not remedy the deficiencies specified in the ruling of the Kyiv Court of Appeal of 25 February 2026 within the period established by that ruling.

Attorney PERSON_1 did not apply to the court with a motion to renew or extend the period for remedying the deficiencies established by the ruling of the Kyiv Court of Appeal of 25 February 2026.

In addition, the application for remedying the deficiencies and the materials attached to it show that the representative of INFORMATION_1 – attorney PERSON_1 did not comply with the ruling of the Kyiv Court of Appeal of 25 February 2026 in respect of:

submitting a new version of 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 indicating the correct date of adoption of the contested award;

providing evidence of sending a copy of the new version of the application and copies of the attached documents to the other participants in the case, taking into account the provisions of Article 43 of the Civil Procedure Code of Ukraine.

Under Article 455(5) of the Civil Procedure Code of Ukraine, the provisions of Article 185 of this Code apply to an application to set aside an award of a domestic arbitral tribunal or of international commercial arbitration filed without complying with the requirements set out in this Article.

Under the provisions of Article 185 of the Civil Procedure Code of Ukraine, a judge, having established that a statement of claim has been filed without complying with the requirements established by the Civil Procedure Code of Ukraine and set out in Articles 175 and 177 of this Code, shall, within five days from the date of receipt of the statement of claim by the court, issue a ruling leaving the statement of claim without progress. The ruling leaving the statement of claim without progress shall specify the deficiencies of the statement of claim, the manner and the period for remedying them, which may not exceed ten days from the date of service of the ruling leaving the statement of claim without progress.

Under Article 185(3) of the Civil Procedure Code of Ukraine, if the claimant has not remedied the deficiencies of the statement of claim within the period established by the court, the statement is deemed not filed and is returned to the claimant.

Therefore, in view of the foregoing, the application of the representative of INFORMATION_1 – attorney PERSON_1 to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, rendered by the Arbitral Tribunal formed of sole arbitrator PERSON_2, of 21 November 2025 in case No. 452/2024 must be deemed not filed and returned to him in accordance with the requirements of Articles 185 and 455 of the Civil Procedure Code of Ukraine.

At the same time, the court of appeal draws attention to the fact that the return of the application does not preclude re-applying to the court with the application if the circumstances that served as the ground for its return cease to exist (Article 185(7) of the Civil Procedure Code of Ukraine).

Guided by Articles 185 and 455 of the Civil Procedure Code of Ukraine, the Kyiv Court of Appeal, composed of a judge of the Judicial Chamber for Civil Cases,

R U L E D:

The application of the representative of INFORMATION_1 – attorney PERSON_1 to set aside the award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, rendered by the Arbitral Tribunal formed of sole arbitrator PERSON_2, of 21 November 2025 in case No. 452/2024, shall be deemed not filed and returned to him.

The ruling enters into legal force upon its signing and may be appealed to the Supreme Court within fifteen days.

Judge of the Kyiv Court of Appeal S. M. Verlanov