Заключение и эффективность мировых соглашений в арбитражных делах о банкротстве

Илья Александров.
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Заключение и эффективность мировых соглашений в арбитражных делах о банкротстве.

Ilya Alexandrov. Conclusion and efficiency of settlement agreements in bankruptcy cases in state commercial courts.
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Полный текст

English summary:

The settlement agreements within the bankruptcy cases between the debtors and the creditors still remain rare in the Russian Federation. Only 21 such agreements were approved by state commercial courts in 2016. However, many legal reasons and methods allow professional mediators to work more actively in this field.

The amicable settlement will help to avoid unnecessary time and capital spending. This is especially so in international bankruptcy cases involving legal entities as part of holdings with subsidiaries in various countries or involving those natural persons who have several citizenships.
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 A settlement agreement can protect the debtor from the subsidiary responsibility risks and from additional spending in courts and other state and private institutions involved in bankruptcy proceedings.

There are some special aspects in concluding voluntary settlement agreements within the proceeding in Russian state commercial courts, which by the parties need to observed to keep such agreements valid. Both the requirements of the Russian Federation as creditor represented by state tax authorities or other government bodies within the bankruptcy proceedings need to be handled in a special way and different from the requirements of other creditors.