16 August 2019

Gregor Kleinknecht writes on the new EU regulations on the import of cultural goods in Discover Germany’s September 2019 Issue

For the full article, please go to page 108 of the Discover Germany’s September 2019 Issue, which can be accessed here.
10 August 2019

Hetty Gleave discusses the uncertainty of Brexit, the Ivory Act, and restitution and their effect on the art world in Arts and Collections.

Arguably, the legal issue causing most concern in the art world at the moment is the introduction of the Fifth Anti-Money Laundering Directive (5 AMLD), which is expected to be implemented into UK law by the 10th January 2020, regardless of Brexit. The art market is perceived as an easy target for criminals wishing to purchase art as a means of laundering the proceeds of crime. This directive applies to dealers, auction houses and other entities transacting in art and aims to tighten up the current requirements on money laundering and tackle the risks that are commonly associated with the trade. The directive will affect all non-EU buyers purchasing works of art at galleries, fairs and auction houses in the UK and thus requiring the seller to undertake the same level of risk-based due diligence enquiries on purchases, or a series of related purchases, amounting to €10,000 or more, that […]
28 March 2019

Hetty Gleave writes on when to mediate and what can happen if one fails to do so

When to mediate – the tipping point. It is often said that mediation is a more effective way of enabling the parties to settle their disputes outside the court process, thereby saving costs, the inevitable stress of litigation and preserving confidentiality in the process. If that is the case then why do people not take the opportunity to mediate at the first sign of a dispute and why do cases ever end up in court at all?   There can be various reasons why people turn to the court first. A decision to litigate may be tactical, i.e. a belief that the other party will be “fazed” by litigation or costs implications and just “give in”, or guided by emotional rather than strategic considerations. Parties may have a strong belief in the legal, and moral, merits of their case and simply feel that there is nothing to mediate.   What […]
27 March 2019

Gregor Kleinknecht and Petra Warrington write on “AML for the Art Trade: How Not to Go to Jail under the 5th Directive” in the American Bar Association Section of International Law Art & Cultural Heritage Newsletter.

Read the article by clicking here:  “AML for the Art Trade: How Not to Go to Jail under the 5th Directive” by Gregor Kleinknecht and Petra Warrington
10 March 2019

James Ratcliffe looks into the motive for museum thefts

James Ratcliffe writes in Apollo Magazine about the museum thefts in Nantes and in Bath and the vulnerability of museums. Read the article by clicking here.
8 March 2019

What art market professionals, buyers and sellers can learn from the de Pury’s successful claim for commission payment

Originally published in Hunters. See original version here. What art market professionals, buyers and sellers can learn from the de Pury’s successful claim for commission payment Last week saw the handing down of the judgment in a claim brought by Simon and Michaela de Pury and their associated companies over the payment of commission following the private sale of Paul Gauguin’s painting, dated 1892, of two Tahitian women, Nafea faa ipoipo (translated as “When will you marry?”). The case is fascinating for the way in which it exposes the private deals and private lives of the individuals involved as well as art market practice in general. The fact that details of the sale which are usually kept private, such as the date of sale, September 2014, as well as the identities of the sellers, buyer and various intermediaries and the sale price of $210 million are all revealed is unusual. For […]
7 March 2019

Petra Warrington examines lending artworks to institutions for exhibitions

Originally published in Hunters. See original version here. Considerations of lending art Owners and trustees of significant art collections may find that lending artworks to institutions for exhibition is an attractive way of building and bettering the reputation of their collection. Building a rich exhibition history may enhance an artwork’s monetary value and prestige. A well-placed loan can give an artwork from a private collection a new lease of life as it may be seen by a much larger public audience, perhaps even for the first time, as well as experts and scholars. The study and scholarship that goes into creating an exhibition may result in new attributions and sometimes significant discoveries about an artist or an artwork. On a practical level, lending artworks can free up space on overloaded walls or in storage racks and provide funds for building and preserving collections. The lender may receive a lending fee […]
10 February 2019

James Ratcliffe speaks at the PAIAM event to discuss the benefits of mediation

On Wednesday 13 February, PAIAM is hosting an event at The Photographers’ Gallery in which members are invited to the ‘Roman Vishniac Rediscovered’ exhibition. James Ratcliffe will discuss the benefits of mediation and its relevance to art disputes, especially those concerning Nazi-looted objects. For more details, please see here.
7 February 2019

Nicola Wallace will be a Judge at the 14th International Mediation Competition

Nicola Wallace has been invited to be a Judge for the third year running at the 14th International Mediation Competition at the International Chamber of Commerce in Paris. The competition, which runs for 7 days, brings together global leaders in the field of mediation and 66 University teams and their coaches. More information can be found at
6 February 2019

Petra Warrington writes on the proposed reforms to save more art for the nation

Proposed reforms to save more art for the nation – Petra Warrington (1 February 2019, Law Gazette) In the UK, cultural objects of a certain age and monetary value require a licence in order to be exported out of the country. An owner wishing to export a valuable work must obtain a licence from the Arts Council following a review process. When an application for an export licence is made in respect of an object deemed to be of outstanding national significance, the granting of the licence is deferred for a period of time to allow domestic institutions an opportunity to raise funds to acquire the object at fair market value, should the owner agree. Critics of the UK’s export licensing regime for objects of cultural interest sometimes lament that the system lacks teeth. As a result, each year the opportunity to retain significant works of art and precious objects for […]