The presence of a judicial refusal to satisfy a complaint about the actions (inaction) of an arbitration manager is grounds for refusing to satisfy claims for recovering damages caused by these actions (inaction)
May 24, 2019

The authorized body appealed to the arbitration court with a claim to the bankruptcy trustee of the debtor for the recovery of damages caused by his unlawful actions, expressed as follows: failure to take measures to ensure the safety of the debtor's property; unreasonable involvement on a contractual basis of a lawyer and a specialist paid for provision of consulting services. According to the claimant, the listed illegal actions led to the fact that the claimant's requirements included in the register of creditors' claims were not satisfied.

Earlier, the authorized body in a bankruptcy case filed a similar complaint against the bankruptcy trustee's actions. The satisfaction of the complaint against the actions (inaction) of the bankruptcy trustee, expressed in the inexpediency and groundlessness of engaging specialists in the implementation of the bankruptcy trustee's activities, failure to take measures to preserve the revealed property of the debtor. The arbitration court of appeal left the decision of the court of first instance unchanged, and the appeal of the authorized body without satisfaction.

Part 1 of Art. 16 of the APC of the Russian Federation establishes the binding nature of the judicial acts of the arbitration court that have entered into legal force for state bodies, local governments, other bodies, organizations, officials and citizens throughout the territory of the Russian Federation.

The arguments of the authorized body, set out in support of the claim, were investigated by the courts earlier when considering a similar complaint in a bankruptcy case, and are not subject to revaluation. Based on the aforementioned, the arbitral tribunal, when reviewing the claim, concluded that the authorized body had not proved the unlawful nature of the actions of the arbitration manager.

Kristina Khitrova