10/02/2026 Tatiana Tsepkina shared with the readers of the Advocate Newspaper her opinion on the bankruptcy case, in which the Supreme Court clarified the possibility of reducing the fixed remuneration of the arbitrator in case of improper performance of his duties.
In Ruling No. 305-ES25-8991 dated 12/30/2025 in case No. A40-93437/2023, the Judicial Board indicated that if the arbitration administrator improperly performed his duties, the amount of the fixed amount of remuneration and interest due to him may be proportionately reduced.
In the case under consideration, the district court did not agree with the conclusions of the courts of first instance and the appellate instances, which considered proven the inaction of the interim manager and the existence of grounds for reducing the amount of fixed remuneration. By canceling the judicial acts of the lower courts, the district court pointed out that it was not proven that the interim administrator had evaded his duties. The Judicial Board of the Supreme Court disagreed with the conclusions of the district court and pointed out that the district court had overestimated the factual circumstances, which exceeded the limits of its powers. Due to the procedural violations committed by the district court, the decision was overturned, and the judicial acts of the court of first instance and the court of appeal were upheld as motivated and justified in terms of the existence of grounds for reducing the amount of the fixed remuneration of the interim manager. At the same time, the Supreme Court noted that a separate judicial act on the recognition of illegal actions (inaction) of the arbitration administrator is not required.
Commenting on her speech in the main publication of the Russian legal community, Tatiana Tsepkina notes: “The Supreme Court, exercising judicial control over the activities of the arbitration managers, recalled the previously held position that the legal nature of the remuneration of the arbitration manager is of a private law reciprocal nature and if the arbitration manager improperly performed his duties, the amount of the fixed amount of remuneration and interest due to him may be proportionately reduced.”
