The concept and types of arbitration management in Russian law

Volume 4, Number 3, 2019, P. 221–230

[ JURIDICAL SCIENCES ]

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Abstract:

Based on the analysis of the current Russian legislation and summarizing the opinions from the civil jurisprudence, the author considers the issues of defining the concept “arbitration management”. The article provides the conclusion that arbitration management as a complex socio-economic phenomenon can be interpreted in a broad and narrow sense. The approach according to which the arbitration management is defined as performing the duty of the arbitration manager is traditional for the legal doctrine. The study of the features of arbitration management in terms of the category of economic and professional practice activities is recognized as promising. It is proposed to distinguish between the concepts of “arbitration management” and “crisis management” in terms of volume, range of actions that make up their content, as well as the category of entities engaged in these types of activities. In order to systematize the accumulated knowledge about arbitration management, it is suggested to divide the concept of “arbitration management” on some grounds: 1) depending on the entity implementing arbitration management (carried out by an individual or legal entity); 2) depending on the scope of the arbitration management (carried out during the bankruptcy proceedings, the reorganization of a legal entity, the liquidation of a legal entity, the distribution of the property of a dissolved legal entity); 3) depending on the purpose of the arbitration management (carried out to perform bankruptcy liquidation procedures and other measures related to the termination of a legal entity and with the aim of carrying out bankruptcy recovery procedures). An activity approach is found to be promising direction for the study of the concept of “arbitration management”. The theoretical conclusions of the article will justify proposals aimed at improving the current Russian bankruptcy law, as well as the practice of its application.

Keywords:

bankruptcy law, bankruptcy, arbitration, insolvency practitioner, Deposit Insurance Agency

Author:

Aleksandr A. Pakharukov, Cand. Sci. (Jurisprudence), Associate Professor of Customs and Law Department, Irkutsk State Transport University, Irkutsk, Russia

For citation:

Pakharukov A.A. (2019) The concept and types of arbitration management in Russian law. Social Competence. Vol. 4. No 3. P. 221–230. (In Russ.)

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