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

12 February 2020

Malcolm Taylor writes on mediation and how it fits into the world of art and cultural heritage.

The Art of Mediation Originally published on the 36 Art Group News Section, accessible here. Disputes can arise in the commercial, private and family arenas and traditionally have resulted in formal court action for resolution.  This can be very expensive, time consuming, emotionally challenging and often conducted in very public forums.  The parties can be exposed to substantial costs, negative or harmful publicity, personal stress and a substantial call on their time. The courts have, in reality, relatively limited remedies, usually purely financial and this can restrict the range of outcomes that might more readily reflect the needs and aspirations of the parties involved. Mediation is a form of “ADR” (Alternative Dispute Resolution) that can offer a pragmatic, cost effective, flexible and confidential option for dispute resolution, outside the formal court process. So how does Mediation fit into the world of art and cultural heritage?  Disputes are just as common […]
10 February 2020

The art market guidance on the 5AMLD has been published by the British Art Market Federation (BAMF).

The British Art Market Federation (BAMF) has published its guidance which can be accessed here.
18 January 2020

James Ratcliffe works with the Metropolitan Police and the British Museum to repatriate a carved limestone sculpture to Afghanistan

Read the full article published on the Art Loss Register, which can be accessed here.
12 January 2020

Malcolm Taylor discusses the enforcement of international mediation settlement agreements.

Enforcement of International Mediation Settlement Agreements Originally published on the 36 Art Group News Section. Mediation Mediation can be one of the most effective “alternative” means of dispute resolution. The parties to the dispute are encouraged to fashion a settlement with the assistance of a neutral third party mediator, who has no authority to impose terms, but can assist the parties themselves in agreeing a mutually acceptable resolution.  Mediation can offer a speedy, flexible, informal, cost effective and private mechanism for dispute resolution outside the formal court or arbitral processes. Mediation is increasingly gaining traction in the domestic arena, but has not seen parallel growth internationally.  One of the reasons for this might be a perceived difficulty in enforcing a mediated settlement agreement in differing jurisdictions and thus casting doubt as to the overall effectiveness and certainty offered by the mediation process as a whole.  In fact, there is little […]
11 January 2020

Gregor Kleinknecht and Petra Warrington examine 5AMLD and what it means for the art market.

Originally published by Hunters and accessible here. As of today, 10 January 2020, “art market participants” (including dealers, galleries, agents and auctioneers) are now part of the “regulated” sector for anti-money laundering purposes under The Money Laundering and Terrorist Financing (Amendment) Regulations 2019, which were laid before Parliament on 20th December 2019. Members of the art trade that carry out transactions or series of linked transactions involving works of art amounting to EUR 10,000 or more, must now conduct ongoing risk-based due diligence on the clients involved in those transactions. The definition of works of art is in line with current VAT legislation and excludes antique furniture and some decorative objects. Please see our previous article “AML for the art trade: how not to go to jail under the 5th Directive” for a more in-depth discussion of due diligence. HMRC is the supervising body responsible for overseeing art market participants, keeping a […]
10 January 2020

Petra Warrington is nominated as the Young Lawyers Liaison Officer in the Art, Cultural Institutions and Heritage Law Committee of the International Bar Association.

Read more about the Committee via the IBA’s website here.
3 January 2020

Petra Warrington discusses loaning art at home and abroad in Antiques Trade Gazette.

This article was published in the Antiques Trade Gazette and can be accessed here.
19 November 2019

Petra Warrington writes on the Fifth Anti-Money Laundering Directive in Antiques Trade Gazette

Read the full article published in Antiques Trade Gazette here.
24 October 2019

Gregor Kleinknecht reviews the role of trade marks and design rights in promoting innovation post-Brexit.

The full chapter is published in “Winning with IP – Managing Intellectual Property Today”, which can be purchased here.
26 September 2019

Hetty Gleave is reappointed to the Treasure Valuation Committee

Read the full announcement on the website here.