IBA Annual Conference Miami 2022
30 Oct - 4 Nov 2022
Room 208, Level 2
Session information
Challenges doing justice in disputes about art theft and restitution of colonial art - the beauty and the beasts
Wednesday 2 November (1430 - 1545)
Committee(s)
Litigation Committee
(Lead)
Description
The Art Market’s surface is glamourous, its objects are beautiful. However, it often has an ugly underbelly: The provenance of objects can be dubious. Art is sold that has been looted, in today’s war zones and former colonies or acquired with dirty money.
We will look at typical disputes that can arise in that context. What remedies are available to former owners or countries of origin and in which fora can they be brought? What role can the Court of Arbitration for Art play in resolving such disputes? Which legal duties are imposed on market participants in particular regarding money laundering and terrorist financing?
We will consider the impact of wars and conflicts on the free flow of works of art: What happens, for example, if art from Crimea is given on loan to a museum in the Netherlands, and then Russia invades and annexes Crimea?
Finally, will review and evaluate ways in which the market has reacted to these challenges, such as the Responsible Art Market Initiative.
Session / Workshop Chair(s)
Peter Bert | Taylor Wessing , Frankfurt, Germany |
Lucinda Orr | Enyo Law LLP, London, England; Scholarship Officer, Litigation Committee |
Speakers
Nicholas O'Donnell | Sullivan & Worcester, Boston, Massachusetts, USA; Co-Chair, Art, Cultural Institutions and Heritage Law Committee |
Daniel Weiner | Hughes Hubbard & Reed LLP, New York, New York, USA |