In Trade Point Agro Limited, UK v Evdakovsky Fat and Oil Factory (ВАС-2608/2011), a dispute arose between Trade Point Agro Limited (the claimant) and Evdakovsky Fat and Oil Factory (the defendant), based on a breach of contract, and was referred to arbitration. The tribunal made an award in favour of the claimant. However, the defendant objected to the recognition and enforcement of the award on the ground that it was based on forged documents supplied by the claimant.

Initially, the Russian lower courts denied recognition and enforcement of the award due to the alleged forgery of evidence used by the claimant in the arbitration.

However, the Russian High Commercial Court dismissed the rulings of the lower courts and confirmed the recognition and enforcement of the arbitral award. The court ruled that by considering the merits of the forgery argument, the lower commercial courts exceeded their powers of review prescribed by law. Moreover, all the allegedly forged documents had been studied and accepted by the arbitrators, but the respondent had not raised the forgery issue until the case came before the Russian commercial courts.

Some lawyers in Russia have criticised this ruling of the High Commercial Court because it might give way to the use of fake documents in arbitration. However, it seems that the threat is not as serious as it seems, since a party to arbitration has the right to argue about fake documents during the course of arbitration. Further, a party to arbitration is never precluded from applying to the police, should it believe that the opponent used forged documents.