International Arbitration for Art-Related Disputes and the Court of Arbitration for Art

The need for specialized arbitration institutions in international trade is clearly on the rise. Consequently, in recent years, new specialized arbitral institutions have started being established; these institutions have created specialized programs and rules intended to provide more effective dispute resolution strategies for particular economic sectors. The increasingly evident need for a specialized tribunal for art-related disputes has recently resulted in the establishment of a new specialized forum for those disputes, the Court of Arbitration for Art (CAfA). CAfA offers alternative dispute resolution solutions for art-related disputes through mediation and arbitration. In addition, CAfA promises fast, confidential arbitral processes and high-quality arbitral awards with the maximum degree of expertise among its panelists. Its primary aim is to provide high-quality, market-accepted resolutions to art law disputes. For this purpose, CAfA created and began implementing its own arbitration rules. This study, first of all, examines the meaning and implications of the use of arbitration for art disputes. The need for arbitration for art-related disputes is explained further in the text. Thereafter, the history of CAfA and the CAfA Arbitration Rules has been examined. However, not all of the CAfA Arbitration Rules are evaluated. Instead, the study focuses on some general rules and, specifically, on the rule for the seat of a given arbitration, the rule that forces parties to appoint an arbitrator or arbitrators from the list of CAfA approved panelists and the rule that restricts the ability of parties to appoint experts concerning some specific art-related disputes. These specific rules have a significant effect on the arbitration process and arbitral awards in CAfA arbitration. Because before CAfA, there has been no other arbitral institution dedicated solely to art disputes at the national or international level, its success will depend on its effectiveness in interpreting and enforcing these rules.