Problem of damages recovery from an arbitration manager: theoretical and practical issues

The article is devoted to problems associated with bringing an arbitration manager to civil liability in the form of damages recovery based on the analysis of the current legislation and the existing juridical practice on this issue. The absence of regulation of many provisions concerning ensuring material liability of members of self-regulating organizations of arbitration managers to the consumers of their services, and other persons are still unresolved. One of these problems is damages recovery from arbitration managers. Legal regulation of this issue in many ways is of a framework character that creates the legal gaps and as a consequence, often complicates the procedure to bring perpetrators to justice. The author has analyzed the main differences between the liability of the arbitration manager from the liability of other subjects of the civil law, the bases for holding an the arbitration manager liability, and also the problematic issues arising in the theory and practice in resolving damages recovery issues from an arbitration manager.