Proportionality of Liability of the Arbitration Manager and Persons Controlling the Debtor in Disputes on Recovery of Losses

The article examines the competition of claims for the recovery of losses from an arbitration manager and a person controlling the debtor in cases where the reduction of the bankruptcy estate was initially caused by the actions of the controlling person, and the impossibility of returning the property is connected with the subsequent inaction of the manager. It is substantiated that imposing on the manager the obligation to compensate the full value of the withdrawn asset without assessing the surviving claim against the direct tortfeasor may lead to disproportionate liability and create an incentive for creditors to choose the most solvent defendant. Criteria for applying the principle of proportionality are formulated, and the necessity of taking into account the legal prospects and actual enforceability of the claim against the controlling person, as well as the reasonableness of the creditors’ behavior, is proven.