GMW lawyers provides expert advice on art litigation which encompasses a broad spectrum of disputes, including:
- Sales and acquisitions
- Ownership – including restitution claims
- Intellectual property
- Due diligence and provenance
- Attribution and authenticity
- Fraud, including fakes, forgeries and money laundering
- Damage, loss, and theft
- Professional liability
- Insurance cover and recovery
- Censorship of art and freedom of speech
Litigation before national courts is the main avenue for settling art disputes. However, alternative dispute resolution (ADR) methods offer an attractive alternative, circumventing some of the procedural hurdles and avoiding the strict legal interpretation provided in civil court procedures.
ADR allows disputes to be settled based on the merits of a case, instead of running the risk of being dismissed for technical reasons. This has proven to be a particularly effective approach in disputes where legal and non-legal issues are intertwined, especially in repatriation claims for cultural heritage, human remains and Nazi-looted art, and when the parties envisage creative and mutually satisfactory outcomes.
In The Netherlands, a Nazi-looted art claim can be submitted to the Restitutions Committee for investigation and an opinion or recommendation, as an alternative way of settling a dispute. Furthermore, the newly established Court of Arbitration for Art (CAfA) in The Hague offers arbitration and mediation exclusively dedicated to resolving art law disputes. Cases presented at the CAfA will benefit from being heard by arbitrators and mediators with extensive knowledge of the art market and art law.
GMW lawyers has the expertise to anticipate client needs and provide tailored recommendations for further action. Our experienced lawyers can act as representatives in art litigation cases regardless of the legal avenue of choice.
For more information or assistance with art litigation, please contact us.