The fairness and wisdom as a standard for the activity of the arbitration insolvency practitioner
The research presented in the article examines the issue of distinguishing between the concepts of good faith and reasonableness as standards for the activities of an arbitration manager. The study of materials of judicial practice with the analysis and expression of the author's opinion is given. Specific examples illustrate the difference between conscientiousness and reasonableness. The main problem of developing common criteria for the concepts under consideration is related to the diverse nature of disputes in bankruptcy proceedings, various reasons for which losses can be recovered from arbitration managers. Based on the analysis of judicial practice, the author's opinion is formulated regarding the choice of a behavior model by an arbitration manager to minimize the risk of non-fulfillment or improper performance of the duties assigned to the arbitration manager and, as a result, bringing the latter to responsibility. A proposal has been put forward on the advisability of an imperative order for a self-regulatory organization on the need to provide information on the presence or absence of competence of an arbitration manager for approval in the bankruptcy procedure of the debtor. Special attention is paid to the issue of stimulating arbitration managers to carry out their activities in good faith and reasonably.