Application of the Norms of the Ukrainian Bankruptcy Procedure Code Regulating the Activities of the Arbitration Manager: Analysis of Judicial Practice
The Eastern Commercial Court of Appeal has published an analysis of judicial statistics and practice concerning the application of the Ukrainian Bankruptcy Procedure Code by commercial courts within the Eastern Appellate District. The analysis focuses on norms regulating the activities of arbitration managers in bankruptcy (insolvency) procedures for the period spanning 2025 to the first half of 2026.
This analysis systematises and summarises legal conclusions from decisions by commercial courts in the Eastern Appellate District and the Commercial Cassation Court within the Supreme Court. It addresses key issues in the application of legislation, specifically:
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The removal and appointment of arbitration managers, including scenarios where the creditors' committee/meeting fails to propose a candidate.
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Reporting by the arbitration manager on the debtor’s financial condition and the progress of the bankruptcy (insolvency) case.
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The calculation and payment of monetary remuneration to the arbitration manager, along with the implementation and reimbursement of their expenses.
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The liability of the arbitration manager and the legality of their actions.
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