Alternative Dispute Resolution and Art-Law-A New Research Project of the Geneva Art-Law Centre

AuthorAnne Laure Bandle, Sarah Theurich
PositionMLaw (Fribourg) Legal Researcher at the Geneva Art-Law Centre. PhD Candidate at the University of Geneva. - LL.M (Köln/Paris), LL.M (London) Voluntary Legal Researcher at the Geneva Art-Law Centre, PhD candidate at the University of Geneva, Legal Staff at the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center.
Pages28-41
JICLT
Journal of International Commercial Law and Technology
Vol. 6, Issue 1 (2011)
28
Alternative Dispute Resolution and Art-Law - A New Research Project of
the Geneva Art-Law Centre
Anne Laure Bandle
MLaw (Fribourg)
Legal Researcher at the Geneva Art-Law Centre.
PhD Candidate at the University of Geneva.
annelaure.bandle@unige.ch.
Sarah Theurich
,
LL.M (Köln/Paris), LL.M (London)
Voluntary Legal Researcher at the Geneva Art-Law Centre,
PhD candidate at the University of Geneva,
Legal Staff at the World Intellectual Property Organization (WIPO)
Arbitration and Mediation Center.
sarah.theurich@wipo.int.
Abstract. This article introduces the new research project of the Geneva Art-Law Centre,
which aims to stud y alternative dispute re solution (ADR) method s for art-related d isputes. It gives
a brief introduction on the t opic of the research the project - the significant potential of ADR
mechanisms in art law - and provides an overview of the growing international consideration for
ADR in art-law matters. While types of art-related disputes vary considerably from case to case,
certain co mmon features may be identified to explain the need for adapted dispute resolution in
this area. The Art-Law Centr e’s research project will involve the creation of an Art-Law ADR
Database recording art-related disputes worldwide that were resolved by means of ADR methods,
as well as a thorough case analysis. To illustrate the nature of the research project, this paper
specifies the different project stages and gives examples of collected art-law cases.
1. Introduction
At the heart of a “plundering maze” regarding a collec tion of Mayan pre-Columbian artifacts, the sit uation seems
deadlocked (IFAR). The Mayan cultural objects were privately donated to the Museum of Fine Arts (MFA)
Boston in 1988 and, according to the Guatemalan government and archaeologists, previously looted and illegally
exported under Colombian law ( Yemma & Robinson, 1997). On the other hand, the MFA asserts that the
Guatemalan gover nment would be barred under U.S. statute of limitations to press claims (Ibid). To date, this
case still seems to be unresolved (IFAR). This is just one out of many art-law disputes in which both legal and
sensitive non-legal issues can come into play and may need to be considered in t he decision-resolution process.
Indeed, disputes involving art and cultural property are on the rise and they can be as multi-faceted as the
manifold forms of art itself. Art-law disputes have particular features for which alternative dispute resolution
(ADR) methods may often be more appropriate than traditional national court lit igation.
In a new resear ch project, the Geneva Art-Law Centre aims to analyze alternative methods for resolving art-
law disputes, such as mediation or arbitration. As further explained belo w, the core of the research project
consists in the development of a database that records art-law cases t hat were resolved through ADR.
This paper was originally published in Kierkegaard, S. (2010) Private Law: Rights, Duties&
Conflicts.IAITL.pp.1025-1041
The views expressed in this article are the personal views of the author and do not necessarily reflect those of WIPO, its
Secretariat, or any of its Member States

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