News

A selection of articles written by Art Resolve members on a range of topics.

10 September 2018

Transforming Cultural Property Disputes

Court proceedings can be very expensive, consume much valuable time, generate harmful publicity, destroy goodwill and relationships between the parties and, in the end, satisfy none of the parties. There is often a clear incentive and, in many cases, an obligation on the parties to a dispute to consider and actively engage in alternative dispute resolution (ADR), primarily by way of mediation. There are added advantages for the parties in using ADR in art and cultural heritage disputes, where publicity can “burn” a work’s marketability. Case law consistently points to the judiciary’s encouragement of ADR. This is reflected in court guidance and case management, which includes asking the parties whether they have considered ADR at various stages of the litigation process. The court has discretion to order a stay of proceedings to encourage the parties to explore settlement through mediation and other forms of ADR if the case is deemed […]
18 September 2017

Art Resolve members to offer seminar as part of Mediation Awareness Week 2017

On 17 October, members of the Art Resolve team will join art market professionals to share experiences of disputes within the art market which could have benefited from mediation. This seminar is being presented as part of a series of events during Mediation Awareness Week 2017.
14 August 2017

Tony Baumgartner of Clyde & Co., writes in ‘Contract Certainly Under the Hammer’ where terms of sale can sometimes lead to unexpected and perhaps even unintended outcomes.

Read the full article here.
31 October 2016

Nicola Wallace writes on ‘Mediation: Meeting the Needs of the Arts and Heritage Sectors’ Christie’s Bulletin for Professional Advisers, Autumn 2016

‘When the latest CEDR report confirms that approximately 86% of mediated disputes are resolved within a day, or shortly afterwards, and that mediation account for £10.5billion worth of commercial claims, why it is that mediation is still considered by some to be a soft option that weakens a litigation strategy’.
9 June 2016

Art Resolve’s Gregor Kleinknecht co-authors article on Standards of Care in the Art Market

The increasing globalisation and eclecticism of the art market, together with the proliferation of online sales platforms, have attracted buyers all over the world, at all levels of the market. In addition to the traditional professional buyers, consumers are increasingly accessing the art market directly through these new sales channels. This widening reach and ease of access, and the sheer volume of transactions increase the likelihood of unwary buyers making costly mistakes and emphasise the need for careful due diligence and thorough investigations of artworks prior to any acquisition.
1 February 2016

Overdue Library Books: lessons learnt from the theft and trafficking of texts and manuscripts by Hetty Gleave

This topic was the subject of a one day conference at the British Library in London on 26th June 2015 entitled “The Written Heritage of Mankind in Peril”. The conference was organised by the Art Law Commission (ALC) of the UIA together with the Institute of Art & Law and its audience included international dealers, collectors, curators, museum officials, auction houses, lawyers and security experts, many of whom who had personal knowledge or experience of dealing with stolen books, maps and manuscripts.
7 April 2015

The perils of going to Law

The start of 2015 sees the publication of Professor Norman Palmer’s book ‘Art, Adventure and Advocacy’. The author looks at art transactions which have ended in dispute, and the litigation to which they have given rise – often with further calamitous results. A chapter worthy of particular mention deals with family fall-outs and the corrosive animosity that stems from disagreements about chattels which once belonged to an ancestor or sibling. While some of these family assets are of great value others have purely symbolic or emotional worth: a single dilapidated piano or an assortment of derelict cars. What makes these disputes so sad is not only that they cause lasting rifts among family members, but also that the cost of going to court over such objects quickly outstrips any financial gain. This in turn leads to adverse rulings on costs, through which even a successful party can be left severely […]
30 November 2014

All that Glitters … by Hetty Gleave

When most people think of treasure they conjure up images of pirate loot or an Aladdin’s cave brimming with gold and precious stones. This may be true in legend, but treasure in England, Wales and Northern Ireland, as defined by the Treasure Act 1996, refers to objects that contain at least 10% gold or silver and are at least 300 years old when found. In the case of coins, the treasure classification includes all coins from the same find provided that they are at least 300 years old when found. (If the coins contain less than 10% gold or silver then they must be at least 10 of them, to be so classified). In 2003 the Treasure Act was extended to include metal prehistoric finds with a low precious metal content, such as bronze axe heads and weapons, and any group of two or more metal objects of any composition […]
16 November 2014

The Commercial Aspects of Treasure

Clyde & Co invite you to attend a seminar to be held on Monday 1st December in conjunction with the Institute of Art and Law. The seminar will examine a range of issues relating to the law of treasure and finds, including the scope and merits of the reward regime, developers’ interests in discovered antiquities, the interests of the metal detecting industry, the influence of the export licensing regime, commercial cross-border metal detecting excursions, public and private fund raising and the financial aspects (including Treasury constraints) of museum acquisition. Speakers include ArtResolve members Tony Baumgartner (Clyde & Co), Hetty Gleave (Hunters Solicitors) and Norman Palmer QC CBE FSA (3 Stone Buildings) Please contact our administrator Kim Evans by email [email protected] to reserve a place.
29 October 2014

Caravaggio in Court: Sotheby’s sued over misattribution of painting later valued at £10m

‘A bitter dispute over a painting bought for £140 five decades ago reaches the High Court today – with some of the world’s most prominent Caravaggio experts lining up to take sides.’ Read the full article in the Independent here