Problems of the legal status of SRO arbitral governors

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The problems of the legal status of the SRO of arbitration managers are considered, the conclusion is made about the uncertainty in the procedure for compensation for damage caused by the arbitration manager, in the absence of the possibility of receiving insurance payments within the framework of the professional liability insurance of the arbitration manager. Receiving insurance compensation is one of the conditions for using the compensation fund of the SRO of arbitration managers, but since this fund is created as a guarantee of the proper performance of obligations by the members of the SRO, it would be justified to provide compensation even if it is impossible to receive the insurance payment. Another problem of the status of an SRO is related to the obligation to compensate for the difference in membership fees in the event of the withdrawal of an insolvency practitioner from its members. Since the obligation to pay insurance premiums is directly related to participation in an SRO, it would be reasonable to establish the obligation of a self-regulatory organization to compensate the difference in membership fees.

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Sro of bankruptcy commissioners, compensation fund, bankruptcy commissioner, liability insurance, membership fees

Короткий адрес: https://sciup.org/170188363

IDR: 170188363   |   DOI: 10.24412/2500-1000-2021-10-2-249-252

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