Falsification of documents in arbitration is a is a dangerous means of proof.

Sometimes in arbitration practice there are cases when one of the parties to a dispute submits documents that contain false information and significantly affect the course of the trial.

Why do businessmen go for such violations of the law?
Proving the validity of their claims in arbitration proceedings is a rather long, laborious and expensive process, which is complicated by the gradual submission and examination of new documents by each of the warring parties. There are cases, when during the performance of works or delivery of goods between the partners there is a relationship of trust, as a result of which some changes in the performance of the contract are negotiated orally.

When a dispute arises one of the parties, believing itself to be cheated, tries to submit to the court documents reflecting verbal agreements, but executed “ex post facto” and containing unreliable signatures and stamps. In such case they hope for negligence of the defendant or impossibility to disprove the falsification by the experts.

What is the threat in case of discovering the forgery?
A characteristic example of punishment for falsification of evidence is the arbitration case № A12-12-12685/2019.

The plaintiff (contractor) initially submitted an additional agreement to the contract and work performed acts containing unreliable information in support of his claims for the recovery of debts from the customer under the contract for the production of construction works. Following the defendant’s claim for falsification of evidence the plaintiff then presented the agreement with the subcontractor and acts of hidden works. The court twice officially warned the plaintiff about the criminal liability for falsification of evidence in the arbitration case, but he did not waive his claims.

As a result, forensic examinations declared the plaintiff’s claims unfounded, and the court granted the defendant’s counterclaim.

The plaintiff’s problems did not end there, because the consequence of committing the illegal actions was a criminal case under Part 1 of Art. 303 of the Criminal Code (falsification of evidence in a civil case). And although the cases of sending a criminal case to court and conviction under this article are rare (because it is necessary to prove that the person who presented the court a falsified document was involved in its preparation and had reliable knowledge of its falsity), the very fact of criminal prosecution is often devastating for business.

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