Comment on the BITARTU award: Basque Cooperative Arbitration Service-SVAC, Arbitration File 1/2022. Refund of member contributions for voluntary withdrawal

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Published 20-12-2023
Gonzalo Martínez Etxeberria Orestes Rodríguez Musa

Abstract

The cooperative that has to reimburse the contribution of the cooperative member when he causes voluntary withdrawal, proposes deducting from said reimbursement the imputation of losses of several years in a novel way with respect to its way of proceeding in liquidations for withdrawals prior to these requests, to which the partners requesting the reinstatement oppose it on the grounds, among other issues, of the breach of the principle of equality between the partners. On this basis, some critical comments are offered, taking into account the resolution of the arbitrator on the merits of the controversial issue and the analysis of the procedural exceptions formulated by the cooperative.

How to Cite

Martínez Etxeberria, G., & Rodríguez Musa, O. (2023). Comment on the BITARTU award: Basque Cooperative Arbitration Service-SVAC, Arbitration File 1/2022. Refund of member contributions for voluntary withdrawal. GIZAEKOA - Revista Vasca De Economía Social, (20). https://doi.org/10.1387/gizaekoa.24934
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Section
Comentario al Laudo