Alternative Dispute Resolution for Art-Related Disputes

Abstract

As in many international commercial transactions, disputes are an inevitable occurrence in art related international transactions too. Art-related disputes cover a wide range of controversies with different subject matter. Authors, however, often underline the possibility to identify certain important common features in the given area. The particular nature of the objects involved is considered as one of these common features in that they have financial, special cultural and immaterial value that largely determines the relevant regulatory framework. Secrecy is also a common practice concerning art related transactions. The lack of transparency often relates to the identity of the parties involved, their relationship, the selling price, or certain particularities of the artwork. Further, the essential characteristics of the art market: its international and highly specialized nature and its closely connected players with strong emotional attachment to the artworks are circumstances appreciated in all type of art related disputes irrespective of the particular subject matter. Under these circumstances ADR techniques may play special role in the area of art-related disputes.