Alternative dispute resolution in art-related cases Cover Image

Alternative dispute resolution in art-related cases
Alternative dispute resolution in art-related cases

Author(s): Paulina Gwoździewicz-Matan
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, International Law, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: alternative dispute resolution; art cases; restitution; WIPO Arbitration Centre; ICOM-WIPO Art and Cultural Heritage Mediation

Summary/Abstract: One of the features of so called “art cases” is that the solutions are rarely black and white, therefore conventional remedies such as damages are often not adequate. Choosing alternative methods, widely recommended by international organizations, permits parties to reach creative non monetary solutions. The article aims at discussing how non-judicial methods are used in art cases and whether they are better for solving art related disputes. The first part of this article describes the methods that are used in particular cases, the formation of ADR clauses and also refers to the institutional rules of conduct. The second part lists the arguments for using ADR methods in art cases.

  • Issue Year: 2018
  • Issue No: 22
  • Page Range: 51-67
  • Page Count: 17
  • Language: English