Ruling of the Supreme Court of Ukraine in the case 824/11/26 dated 8 June 2026

RULING

8 June 2026, Kyiv

case No. 824/11/26, proceedings No. 61-5509av26

The Supreme Court, composed of a panel of judges of the Second Judicial Chamber of the Civil Cassation Court: Ye. V. Korotenko (judge-rapporteur), I. A. Vorobiova, A. Yu. Zaitsev, having heard the report of the judge-rapporteur on the preparatory actions in the case on the application of attorney PERSON_2, who represents 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 recovery of funds and an order to make a delivery, on the appeal of INFORMATION_2 against the ruling of the Kyiv Court of Appeal of 6 April 2026, rendered by Judge L. P. Sushko,

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, there were recovered from INFORMATION_1 in favour of INFORMATION_2 INFORMATION_3 as a penalty for delay in the delivery of goods, INFORMATION_4 as a fine for delay in the delivery of goods by more than 30 days, INFORMATION_5 as a fine for failure to remedy defects in a timely manner, INFORMATION_6 as a fine for breach of the contractual terms concerning the quality of the goods, INFORMATION_7 as reimbursement of the costs of paying the arbitration fee, in total INFORMATION_8, and the respondent was ordered to deliver INFORMATION_9 as a replacement in accordance with the contract.

On 15 March 2026, the representative of INFORMATION_1 – attorney PERSON_2, submitted to the Kyiv Court of Appeal, through the “Electronic Court” subsystem of the Unified Judicial Information and Telecommunication System (UJITS), 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 by jurisdiction for consideration to the Lviv Court of Appeal.

On 23 April 2026, the representative of INFORMATION_2 – PERSON_1, through the “Electronic Court” subsystem, sent to the Supreme Court an appeal against the ruling of the Kyiv Court of Appeal of 6 April 2026 in the said case.

In the appeal, the applicant asks the court to set aside the contested ruling and to transfer the case materials to the Kyiv Court of Appeal for continued consideration.

By the ruling of the Supreme Court of 4 May 2026, appellate proceedings were opened on the appeal and the case materials were requested.

Pursuant to the order of the Deputy Head of the Staff of the Supreme Court – Head of the Secretariat of the Civil Cassation Court, Olena Hrytsyk, of 20 May 2026 No. 530/0/226-26 on the appointment of a repeated automated allocation of the court case in connection with the election of Judge M. Yu. Titov to the Grand Chamber of the Supreme Court, on the basis of an official memorandum of the Secretary of the Second Judicial Chamber, A. Yu. Zaitsev, case No. 824/11/26 (proceedings No. 61-5509av26) was assigned to judge-rapporteur Ye. V. Korotenko, with a panel of judges composed of I. A. Vorobiova and A. Yu. Zaitsev.

On 1 June 2026, the case materials were received at the address of the Supreme Court.

Under 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 carrying out additional preparatory actions where 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 considered with notice to them.

The preparation of the case for hearing has been carried out in full to the extent determined by Article 365 of the Civil Procedure Code of Ukraine, and the appellate consideration of the case has been ensured. There are no grounds for carrying out additional preparatory actions. No motions of the parties have been received by the court.

Having heard the report of the judge-rapporteur and having found the preparation of the case for appellate consideration completed, guided by Articles 351, 365, 366 of the Civil Procedure Code of Ukraine, the Supreme Court, composed of a panel of judges of the Second Judicial Chamber of the Civil Cassation Court,

RULED:

To complete the preparatory actions in the case on the application of attorney PERSON_2, who represents 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 recovery of funds and an order to make a delivery, on the appeal of INFORMATION_2 against the ruling of the Kyiv Court of Appeal of 6 April 2026.

To schedule the case for hearing in open court session on 2 July 2026 at 10:00 at the address: Kyiv, 28 Povitrianykh Syl Avenue, with notice to the participants in the case.

The ruling enters into legal force upon its signing and is not subject to appeal.

Judges: Ye. V. Korotenko

I. A. Vorobiova

A. Yu. Zaitsev