The Court of Arbitration for Art (“CAfA”), a new alternative dispute resolution (“ADR”) tribunal dedicated to the handling of all art-related disputes through mediation and arbitration, was launched on June 8 at the Authentication in Art (“AiA”) Congress 2018 in The Hague, Netherlands. PAIAM Members
The CAfA is administered by the Netherlands Arbitration Institute (“NAI”), a long-standing and highly respected ADR forum, in cooperation with AiA. The CAfA was conceived and developed by a working group of well-known, international art law practitioners, with the primary goals of generating accurate and market-respecting resolutions of art disputes in a more efficient, cost-effective and reliable manner than traditional litigation. The working group included William Charron (partner and head of the Art Law group at Pryor Cashman and an Advisory Board member of AiA, who initially conceived of the idea), Luke Nikas (partner at Quinn Emanuel Urquhart & Sullivan), Megan Noh (partner at the boutique firm of Cahill, Cossu, Noh & Robinson LLP), and Judith Prowda (of the Sotheby’s Institute of Art and Stropheus Law) from New York, all of whom are PAIAM Members. They were assisted by Nicola Wallace (Barrister and Mediator, Art ADR Global in London, England) and Friederike Gräfin von Brühl (partner and head of the Art Law practice at K&L Gates in Berlin, Germany).
The CAfA’s “Adjunct” rules supplement the NAI’s existing arbitration rules of general applicability, and arbitrators and mediators for the CAfA will be selected from specialized pools comprised of attorneys (in the case of arbitrators) and experienced mediators with demonstrated experience in the unique issues that give rise to disputes in the art world—including, without limitation, authenticity, title, intellectual property, and insurance claims. The CAfA’s rules also provide for the appointment of neutral, industry-recognized experts on the issues of provenance research and forensic testing of artwork to serve the Tribunal, as well as “Technical Process Advisors” who will help the parties and the Tribunal to develop appropriate and tailored discovery plans.