The opening of the Court of Arbitration for Art and what it could mean for Canadian art law disputes
Art Law

The opening of the Court of Arbitration for Art and what it could mean for Canadian art law disputes

[co-author: Alexandra Terrell – summer law student] On June 8, 2018, the Court of Arbitration for Art (CAfA), a new international arbitration institution for resolving art law disputes located in The Hague, opened its doors. It is now accepting applications to hear art-related disputes on issues such as authenticity and copyright. The CAfA will be run by the Netherlands Arbitration Institute and Authentication in Art, a non-profit organization based in The Hague. The opening of the CAfA presents an interesting development in art-related disputes, which have frequently been resolved through the court systems of various countries. This new institution will provide an option (perhaps an opportunity) to parties involved in art-related disputes to have their disputes resolved by arbitrators and experts familiar with art law issues. Like most arbitration proceedings, parties seeking to have their dispute resolved by the CAfA must either initially include an arbitration clause in their commercial contracts providing for arbitration by the CAfA, or mutually agree to submit to arbitration at the CAfA once a dispute arises. The choice to arbitrate at the CAfA will therefore be party-driven. Where arbitrating under the CAfA rules, parties must choose from a pool of arbitrators provided by the […]

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The opening of the Court of Arbitration for Art and what it could mean for Canadian art law disputes
Art Law

The opening of the Court of Arbitration for Art and what it could mean for Canadian art law disputes

[co-author: Alexandra Terrell – summer law student] On June 8, 2018, the Court of Arbitration for Art (CAfA), a new international arbitration institution for resolving art law disputes located in The Hague, opened its doors. It is now accepting applications to hear art-related disputes on issues such as authenticity and copyright. The CAfA will be run by the Netherlands Arbitration Institute and Authentication in Art, a non-profit organization based in The Hague. The opening of the CAfA presents an interesting development in art-related disputes, which have frequently been resolved through the court systems of various countries. This new institution will provide an option (perhaps an opportunity) to parties involved in art-related disputes to have their disputes resolved by arbitrators and experts familiar with art law issues. Like most arbitration proceedings, parties seeking to have their dispute resolved by the CAfA must either initially include an arbitration clause in their commercial contracts providing for arbitration by the CAfA, or mutually agree to submit to arbitration at the CAfA once a dispute arises. The choice to arbitrate at the CAfA will therefore be party-driven. Where arbitrating under the CAfA rules, parties must choose from a pool of arbitrators provided by the […]

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