The court recognized the mediation agreement as the basis for the initiation of bankruptcy

The case on the claim to declare the guarantor under the mediation agreement insolvent was referred to the arbitration court. The applicant argued that there was a debt of six million, which was secured within the framework of an agreement signed during the mediation of the parties.  At the same time, the potential debtor contested the claim, arguing that there were no grounds for initiating a case.

The courts of two instances in the Chelyabinsk Region considered the issue of initiating a bankruptcy case on the basis of a mediation agreement certified by a notary.

In connection with non-fulfillment of its conditions, the creditor applied to the court with a demand to declare the guarantor insolvent, since he was jointly and severally liable on an equal basis with the borrower.

However, the debtor disagreed with this state of affairs, pointing out that the mediation agreement was not a proper document that could have led to insolvency proceedings. In addition, the issue of its signing by a potential creditor was being contested in another arbitration case.

However, the courts of first and appeal instances expressed disagreement with the position of the debtor, indicating that, according to the current legislation, a mediation agreement, certified by a notary, is equated to an executive document. Thus, the creditor had the full right to file an insolvency petition with the court, relying on the mediation document signed earlier by the parties (decision № 18AP-10202/2021 of 24 August 2021 in case № A76-9068 / 2021).