Artur Zurabyan, laywer, Head of the Dispute Resolution and International Arbitration Practices at ART DE LEX, believes that both statuses or lawyer and court-appointed administrator, taking into account their public law functions, indeed prioritizes activities within each of these statuses over any other activity, whether it be professional or non-professional. ‘When the statuses clash, a conflict of interest may become inevitable. For example, a court-appointed administrator performing the functions of a debtor's bankruptcy trustee will represent, as a lawyer, the interests of the person brought to subsidiary responsibility in the debtor's bankruptcy case in a parallel bankruptcy case of a company related (through corporate ties or directly) to the debtor,’ he explained.
According to the lawyer, such a situation can also arise even if a person performs activities only as a lawyer or only as a court-appointed administrator. ‘That is why, before accepting an assignment, it is necessary to examine the issue of a possible conflict of interest in relation to current or past assignments. Certainly, combining both statuses by one person makes it difficult to fulfill the obligation to eliminate the conflict of interests and strictly observe the priority of activities that the person carries out at any given time,’ believes Artur Zurabyan.