Vicarious liability of controlling parties where a debtor is made bankrupt: practice of the Commercial Arbitration Court of the Moscow Circuit from 2011 to 2016.

We offer to your attention the Review of Judicial Practice of the Commercial Arbitration Court of the Moscow Circuit on matters related to holding controlling parties vicariously   liable for the obligations of a bankruptcy debtor.

Practice evidences that the issue of vicarious liability is raised in every 15the bankruptcy case. However, the percentage of satisfied claims on holding controlling parties vicariously   liable for the obligations of a bankruptcy debtor in cases reaching the cassation stage makes only 12%. At the same time, if in 2011 the maximum amount of satisfied claims made a bit more than 7 mln rubles, in 2015 this figure exceeded 1 bln rubles.

The full text of the Review is available for downloading in the attached file.