The British judge, the leading case on the claim Vekselberg to Christie's, agreed with the questionable authenticity of the "Odalisque", attributed Kustodiev

Boris Kustodiev
(attributed) odalisque.
1919 Oil on canvas. 34,8 x 47,7
Estimate: 180-220 thousand pounds
Price: 1.68 million pounds
Christie's. 30.11.2005

Friday evening news agencies were reminded of the lingering intrigue: a British judge, the leading case on the claim of Victor Vekselberg to Christie's, agreed with the questionable authenticity of the "Odalisque", attributed to Kustodiev . , that the auction did return the money awarded for the painting. Will the "Christy" to challenge the decision - is still unknown. But it is likely that the final point in the case has not yet set.

However, the value of this is the verdict of the market for Russian art should not be underestimated. The process initiated by Vekselberg, is a landmark in relations between the Russian buyers with leading international auction houses. Previously, in such cases with all the auctions held in quiet: and refunds (they were, and they were many), and refusals to return (they also had quite a few). And just in case of refusal of buyers was quite difficult to get the truth. Russian expert Brits do not take orders (and here we can blame themselves for mostly discredited expert practice). The names of their own experts, whose opinion is crucial for them, auctions are not known (we asked a few times). Complaints can be seen for years, and the warranty period for these auctions - 5 years. Then, formally smooth bribes.

When considering complex cases the impression that the priority for the British had no expertise, and provenance, including the recorded history of sales items. In this sense, "Odalisque" was just such a complicated case.

The fact that the tails of the story are drawn from at least the late 1980s. The first mention of the auction "Odalisque" does not refer to 2005 (when she went to Vekselberg), and by 1989 th when it was sold at the same Christie's for £ 18,000 plus commission. So, after 15 years of ownership it passed in the same auction house. And to refuse acceptance, probably, it was very difficult. Yes, and there was seemingly formal justification for the harsh suspicions.

th 2005 - the year of rapid ascent to the Russian art market. Height of the boom, when swept all for mad money. Therefore, when the canvas Kustodiev with the estimate of 180-200 thousand pounds suddenly left the auction with a 10-fold excess of the estimate, one is not much disturbed. Knowledgeable people unless shrugged their shoulders. Indeed, note that the picture is very modest in size, but just a little - 35 cm in height. A Kustodiev - not such a rare and superexpensive author to give a bare 1.68 million pounds in view of the Commission (in terms of more than $ 3 million). In my opinion, at that time, a rational price for the real thing this class should be about 400 thousand dollars. Perhaps this is why the lawsuit and its subject on the market have developed two opposing views.

first opinion - something not true. In addition to expertise, reinforcing suspicions of famous paintings, prototypes. This often indicates the nature of the track Compilation - when poddelschiki combine to fake a few characteristic plots, item, items, etc. from the entourage of authentic works. Found in the painting and anatomical negligence, is not specific to Kustodiev. Up to that discussed in the literal sense, where did odalisques feet grow. I will not repeat: interested in reading about it on our forum .

second opinion on the picture Vekselberg - the real thing, but unsuccessful, and besides, for it too much overpaid. Like, hence the nature of the claim: it was necessary to iron the rationale for a refund. This version shows in particular the strange persistence of Christie's. At the auction were to be iron arguments in its favor, once the subject returns thumb for almost five years. And only when the warranty period the auction was coming to an end - followed suit as a security measure enforced.

first decision of the English Courts for many was a surprise. Wow ... in favor of Russian. The same surprise, would have caused a positive decision in Moscow against any "Beeline" in favor of some businessmen, and even with the Estonian passport. And let the English judge put it, not very strongly, according to Bloomberg, he used the statement «the work of someone other than» Kustodiev ( letters . «The work of someone who is different from Kustodiev"), but the decision was made .

who won from him? Paradoxically, it seems that in this situation must either be in the black, or remain at his.

first beneficiary - Vekselberg himself. At the beginning of history, he lost heavily in information and reputational terms. But, not afraid to be a target for ridicule, tycoon became embroiled in battle and emerged victorious in court. Probably will return all the money. And if it had resulted in the sample as a collector, which is the procedure simply swallow the dust in the courts, now Vekselberg - a buyer who was able to sue Christie's in its territory.

At Christie's is not so bad . With the house cleared of charges of negligence, at worst, its experts were wrong in good faith, then their argument on Kustodiev was not so weak. Obviously, Christie's head is not sprinkled with ashes, and used the trial as a platform to publicize their position. To confirm the authenticity cited almost from the earliest photographs of exhibitions in which the work is visible (do not remember that they were published in the press). No wonder now if a lot of people will stick to the version that is simply "a bad thing, for which highly overpaid." In general, the situation is likely to remain so in the folk memory in the status of "what if he stole a hat, or he stole the hat».

it comes to money, how much they will need to return Vekselberg? Nearly five million dollars? Well, for more than 10-year-old Russian practice of trading Christie's, a rough estimate, earned 80 million dollars in commissions. It is only in the Russian segment. A switch in view of our oligarchs impressionists and modernists - and much more. So the potential refund amount Vekselberg it as an elephant's grain.

And in the beginning of the process was a version of that in the event of victory Vekselberg will open for a set of similar actions by the Russians. Imagining "a Pandora's box": the English courts are working on the case law and precedent should occur, as will any decision tree ...

The fact that auctions flood claims, I highly doubt it. Not all have unlimited resources like Vekselberg, and the courts - something very exhausting. Plus, there are only a 5-year warranty, which is difficult to meet. So most of the "situations" will either be "written off as a loss," or will be solved amicably, as before.

Who has won in this process? Experts. Russian expert institutions at least partially "played the fall," what happened in previous periods. And the fact that our local expertise, probably influenced the decision of the English court is certainly a positive signal.

exactly who benefited from the situation more than anyone else - is the Russian collectors. Especially beginners. Forewarned - forearmed. One of the neophytes, may recover from the "infantile disorder" called "to the international auctions do not sell fakes." Someone decided that, before diving, it is necessary to learn to swim, and come to learn - for example, listen to seminars ARTinvestment.RU. Over time, many will realize that the choice and expert, and the subject should be yourself, and not delegate it to blindly consultants. In turn, experienced buyers will be able to hope that their rights in difficult situations will be protected in a British court.

In general, not all hopeless. Unless, of course, do not be frightened hype and the price does not stand up.

turns out, the only one who is compassion in this situation - it is very Kustodiev. In the process, as the argument was pulled too much "dirty laundry". Defects "Odalisque" and defended by numerous comparisons with other genuine, but weak artist's works. Remembered and his difficult life circumstances (Kustodiev suffered spinal tuberculosis and was for many years confined to a wheelchair), forcing him to create walk-through of things. You can imagine how ruthless the memory of the artist was the argument of experts in court. But here, as they say in the language of the defendant, - no country for old men.

Vladimir Bogdanov, AI