Non-official translation · Judgment
Ruling of the Supreme Court of Ukraine in the case 824/11/26 dated 4 May 2026
Supreme Court of Ukraine, Civil Cassation Court
In this matterRuling of the Supreme Court of Ukraine in the case 824/11/26 dated 4 May 2026
- 21 November 2025Arbitral Award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in case 452/2024 dated 21 November 2025Source link only
- 13 March 2026Ruling of the Kyiv Court of Appeal in the case 824/7/26 dated 13 March 2026Text
- 20 March 2026Ruling of the Kyiv Court of Appeal in the case 824/11/26 dated 20 March 2026Text
- 6 April 2026Ruling of the Kyiv Court of Appeal in the case 824/11/26 dated 6 April 2026Text
- 4 May 2026Ruling of the Supreme Court of Ukraine in the case 824/11/26 dated 4 May 2026Text
- 8 June 2026Ruling of the Supreme Court of Ukraine in the case 824/11/26 dated 8 June 2026Text
RULING
4 May 2026, Kyiv
Case No. 824/11/26 Proceedings No. 61-5509as26
The Supreme Court, sitting as a panel of judges of the Second Judicial Chamber of the Civil Cassation Court composed of M. Yu. Titov (Judge-Rapporteur), A. Yu. Zaitsev and Ye. V. Korotenko, having considered the appeal of INFORMATION_1 against the ruling of the Kyiv Court of Appeal of 6 April 2026 in the case on the application of attorney PERSON_1, representing the interests of INFORMATION_2, 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_1 against INFORMATION_2 for recovery of funds and an obligation to effect delivery, established:
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, the following were recovered from INFORMATION_2 in favour of INFORMATION_1: INFORMATION_3 in penalty for late delivery of goods, INFORMATION_4 in a fine for delay in delivery of goods by more than 30 days, INFORMATION_5 in a fine for untimely remedying of defects, INFORMATION_6 in a fine for breach of the terms of the contract regarding the quality of goods, INFORMATION_7 as reimbursement of the costs of paying the arbitration fee, totalling INFORMATION_8, and the respondent was obliged to deliver INFORMATION_9 as a replacement in accordance with the contract.
On 15 March 2026, the representative of INFORMATION_2, attorney PERSON_1, sent to the Kyiv Court of Appeal, via the UJITS subsystem “Electronic Court”, 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.
By the ruling of the Kyiv Court of Appeal of 6 April 2026, the materials of case No. 824/11/26 were transferred under jurisdiction for consideration to the Lviv Court of Appeal.
On 23 April 2026, the representative of INFORMATION_1, PERSON_2, sent to the Supreme Court via the “Electronic Court” subsystem an appeal against the ruling of the Kyiv Court of Appeal of 6 April 2026 in the said case.
On 27 April 2026, the said appeal was assigned to Judge-Rapporteur M. Yu. Titov.
Article 24(2) and Article 351(2) of the Civil Procedure Code of Ukraine provide that the Supreme Court reviews on appeal the judicial decisions of the courts of appeal adopted by them as courts of first instance.
The appeal complies with the requirements as to form and content established by Article 356 of the Civil Procedure Code of Ukraine.
There are no grounds for refusing to open appellate proceedings or for returning the appeal.
The arguments set out in the appeal contain the grounds provided for by Article 359 of the Civil Procedure Code of Ukraine for opening appellate proceedings. The issue of opening appellate proceedings in the case is decided no later than five days from the date of receipt of the appeal or of the application to remedy deficiencies filed in the manner provided for by Article 357 of this Code.
Guided by Articles 24, 351, 354-356, 359-361 of the Civil Procedure Code of Ukraine, the Supreme Court, sitting as a panel of judges of the Second Judicial Chamber of the Civil Cassation Court, ruled:
To open appellate proceedings in the said case.
To requisition from the Kyiv Court of Appeal case No. 824/11/26 on the application of attorney PERSON_1, representing the interests of INFORMATION_2, 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_1 against INFORMATION_2 for recovery of funds and an obligation to effect delivery.
To explain to the participants in the case their right to submit a written response to the appeal, which in form and content must comply with the requirements of Article 360 of the Civil Procedure Code of Ukraine, within ten days from the date of service of this ruling.
The ruling is not subject to appeal.
Judges: M. Yu. Titov
A. Yu. Zaitsev
Ye. V. Korotenko
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.