Art Law Report

Zum Geburtstag Viel Glück? The Washington Principles Turn 20

Posted by Nicholas O'Donnell on October 30, 2018 at 10:21 AM

This fall marks the 20th anniversary of the Washington Conference on Nazi-Era Assets and the corollary Washington Principles on Nazi-confiscated Art that have driven much of the conversation since then.  Apollo magazine published my thoughts on the impact of the Washington Principles, which I reproduce below (British spelling, thank you), as well as a thoughtful piece by Martin P. Levy (a member of the UK Spoliation Advisory Panel, one of the commissions created in response to the Washington Principles).

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Topics: Washington Principles, Washington Conference on Nazi-Era Assets, Apollo Magazine, UK Spoliation Advisory Panel, National Gallery in London, Department for Digital, Culture, Media and Sport, SPK, Stiftung Preussischer Kulturbesitz, Nazi-looted art, Claims Conference, Advisory Commission, Holocaust Expropriated Art Recovery Act of 2016, HEAR Act, JUST Act

New Court of Arbitration for Art to Launch in June, Offers Exciting Opportunity for the Art Market

Posted by Nicholas O'Donnell on May 17, 2018 at 11:41 AM

 The recent announcement of the launch of the Court of Arbitration for Art (CAA) is exciting and intriguing news.  There is nothing peculiar to the art market or the art world about the existence of disputes—any businessperson in a wide variety of industries can testify to that.  But what is promising about this initiative is the opportunity it presents to streamline an important segment of art world disputes, and in so doing to create a larger body of legal guidance that will in itself be useful in and outside of formal controversies.  It does not supplant civil litigation in courts, nor does it make any pretense of doing so.  It could, however, become an important complement.  Critical will be enough buy-in from lawyers in particular to become willing to recommend its inclusion in contracts, for example.  I would certainly include myself in that group, depending on the specific circumstances. 

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Topics: Court of Arbitration for Art, CAA, New York, London, Geneva, Authentication in Art, Arbitration, AAA, JAMS, Tom Brady, The Hague, Netherlands Arbitration Institute, NAI, Holocaust Expropriated Art Recovery Act of 2016, HEAR Act, William Charron, Pryor Cashman LLP, Megan Noh, Cahill Cossu & Robinson LLP, Judith Prowda, Sotheby’s Institute of Art, Stropheus, Luke Nikas, Quinn Emanuel Urquart & Sullivan LLP

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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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