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)

Room 208, Level 2
View location
Conference area
Networking hub (Exhibition hall)
Meeting rooms
Session rooms
The full venue map is available on the delegate homepage

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