How to Become an Arbitration Manager: The Complete Path from Training to Certification by the Ministry of Justice
An arbitration manager plays one of the key roles in bankruptcy and solvency restoration procedures. The effectiveness of insolvency procedures, the balance of interests between debtors and creditors, and compliance with legal requirements depend on their professionalism. The Ministry of Justice has clarified who can obtain the status of arbitration manager, what requirements are imposed on candidates, how training and internships are conducted, and what is needed to successfully pass the qualification exam and receive the corresponding certificate.
Who is an arbitration manager and what role do they perform
An arbitration manager is a key figure in insolvency and bankruptcy procedures. They ensure that procedures are conducted in accordance with legal requirements, protect the rights and interests of debtors and creditors, and facilitate the achievement of the goals of bankruptcy proceedings (insolvency).
An arbitration manager is an individual who has obtained the appropriate certificate and whose information is entered into the Unified Register of Arbitration Managers of Ukraine. They are a subject of independent professional activity according to Article 10 of the Code of Ukraine on Bankruptcy Procedures.
To gain the right to carry out the activities of an arbitration manager, a person must meet the legal requirements and undergo the prescribed preparation and admission procedure to the profession.
Requirements for candidates for the position of arbitration manager
According to Article 11 of the Code of Ukraine on Bankruptcy Procedures, an arbitration manager can be a citizen of Ukraine who:
- has a higher legal or economic education of the second (master's) level;
- has a total work experience in the specialty of at least three years or at least one year after obtaining the relevant higher education in managerial positions;
- has completed training and internship for six months in the manner established by the state body on bankruptcy issues;
- is proficient in the state language;
- has passed the qualification exam.
Who cannot be an arbitration manager
The law establishes a number of restrictions for persons wishing to work in this field.
A person cannot be an arbitration manager if they:
- have been recognized by a court as limited in civil capacity or incapacitated;
- have an unexpunged or outstanding criminal record;
- are unable to perform the duties of an arbitration manager due to health reasons;
- are prohibited from holding managerial positions or have been subjected to administrative penalties in the form of deprivation of the right to hold certain positions or engage in activities related to the performance of state or local government functions;
- have been subjected to disciplinary sanctions in the form of deprivation of the right to perform arbitration manager activities if less than three years have passed since the sanction was applied.
Preparation of future arbitration managers
The procedure for preparing candidates is regulated by the Regulation on the system of training and retraining of persons intending to carry out arbitration manager activities, approved by the order of the Ministry of Justice of Ukraine dated August 13, 2019, No. 2536/5.
Preparation consists of two stages:
- Training.
- Internship.
At the same time, persons who have worked as an assistant arbitration manager for at least six months within the last two years may be exempted from the internship.
First stage — training to become an arbitration manager
Training is conducted by higher education institutions and establishments that meet the requirements defined by the Ministry of Justice.
During the courses, candidates receive knowledge in the field of debtor solvency restoration, bankruptcy, and the activities of an arbitration manager in insolvency proceedings.
Training is conducted based on a contract between the candidate and the educational institution.
Main conditions:
- course duration — at least one calendar month;
- information about the training is published on the Ministry of Justice website no later than 15 calendar days before the start of the courses;
- upon completion of training, a final assessment is conducted.
Upon successful passing of the assessment, the candidate receives a certificate of completion of training in the field of debtor solvency restoration or recognition of their bankruptcy.
The certificate is valid for two years from the date of issue.
The list of institutions authorized to conduct such courses is published on the official website of the Ministry of Justice of Ukraine.
Second stage — six-month internship
After training, the candidate undergoes an internship during which they must apply the acquired knowledge in practice and gain the necessary professional skills.
The internship duration is six months.
To undergo the internship, a person applies to a self-regulatory organization of arbitration managers with the appropriate application.
After completing the internship, the candidate receives a review from the internship supervisor, which is then submitted to the Qualification Commission of Arbitration Managers for admission to the qualification exam.
How to submit documents for the qualification exam
After completing training and internship, the candidate applies to the Qualification Commission with an application for admission to the exam.
The application must be accompanied by:
- copies of the passport;
- copy of the taxpayer registration number or a document containing it;
- copy of the master's diploma in legal or economic specialization;
- document confirming proficiency in the state language;
- extract regarding the absence or presence of a criminal record;
- documents confirming work experience;
- medical certificate on health status in the form No. 100-2/o;
- copy of the certificate of training completion;
- review from the internship supervisor or review of work as an assistant arbitration manager;
- information certificate from the Corruption Register;
- two color photographs sized 40×30 mm.
In case of a change of surname, first name, or patronymic, documents confirming such changes must also be provided.
After verifying the documents, the Qualification Commission decides on admission or refusal to admit the candidate to the exam.
Information about admitted candidates is published on the Ministry of Justice website no later than seven days before the exam.
In case of refusal, the person is notified in writing of the reasons for the decision. The refusal can be appealed to the Qualification Commission within one month from the date of receipt.
How the qualification exam is conducted
The exam is conducted in the form of automated anonymous testing.
The exam schedule is approved by the Qualification Commission. It is published on the official website of the Ministry of Justice of Ukraine.
Test questions are developed and approved by the Qualification Commission according to the list of mandatory topics defined by the Ministry of Justice.
Samples of test tasks are also publicly available on the ministry's website.
After the exam, a protocol is drawn up and signed by members of the Qualification Commission.
Results are published on the Ministry of Justice of Ukraine website.
A person who fails the exam has the right to retake it once, no earlier than six months after the previous attempt.
If a candidate did not appear for the exam for valid reasons, they may be allowed to retake it upon a written application within the validity period of the training certificate.
How to obtain the arbitration manager certificate
The procedure for issuing the certificate is defined by the order of the Ministry of Justice of Ukraine dated October 17, 2019, No. 3191/5.
After successfully passing the qualification exam and receiving a recommendation from the Qualification Commission, the Ministry of Justice issues a certificate granting the right to carry out arbitration manager activities.
The certificate is issued without a validity period no later than ten days from the date of receipt of the Qualification Commission's recommendation.
The document may be handed personally to the arbitration manager or their representative by power of attorney.
After issuing the certificate, information about the new arbitration manager is entered into the Unified Register of Arbitration Managers of Ukraine no later than the next working day.
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