Art-related disputes and ADR methods

Authors

  • Maria Beatrice Deli Università del Molise - Università di Roma Tre
  • Veronica Proietti

DOI:

https://doi.org/10.5102/rdi.v17i3.7121

Keywords:

art-related disputes, ADR methods, flexibility, international and neutral forum, privacy, creative solutions

Abstract

The shortcomings of the traditional court system have highlighted the need for alternative means to solve art-related disputes. The purpose of this article is to analyse the benefits of ADR methods when applied to the resolution of these kind of disputes, especially in light of the growing international consensus on the subject, as emphasized by the many ADR institutions which have developed a specific area of focus for art-related disputes. Among the various advantages, the flexibility of the procedure, the international and neutral forum especially suited for disputes involving parties from different countries and cultural backgrounds, the confidentiality guaranteed to the parties, the potentially lower costs and the possibility to tailor creative solutions that can incorporate legal, cultural and ethical interests. Mediation and negotiation are very popular resolution processes, whereby the parties remain in full control of the procedure. However due to their voluntary nature, a final result cannot be guaranteed. In this sense, arbitration can be regarded as a highly recommended alternative to litigation. While still grounded upon the parties’ consent, it always culminates with a final and binding decision which could be effectively enforced almost worldwide on the basis of the 1958 New York Convention.

Author Biographies

  • Maria Beatrice Deli, Università del Molise - Università di Roma Tre
    Maria Beatrice Deli is Associate Professor of International Law at the University of Molise and she is Secretary General of the Italian Association for Arbitration and Secretary General of ICC Italy. She is Co-Director of the Certificate in International Commercial and Investment Arbitration at the University of Roma Tre. As counsel, after 15 years in the international department of a major Italian law firm, in 2019 she founded D|R Arbitration & Litigation, a specialized law firm based in Rome and Milan. She frequently acts as sole arbitrator and co-arbitrator in both ad hoc and institutional arbitration proceedings, also under the ICC Rules of Arbitration with seat in different countries. She is member of the editorial board of the “Rivista dell’Arbitrato” and “Diritto del Commercio Internazionale”. Maria Beatrice was included in the list of arbitrators of the Court of Arbitration for Art.
  • Veronica Proietti
    Veronica Proietti graduated in 2020 at Università degli Studi di Roma Tre, magna cum laude, with a thesis in International Arbitration investigating the benefits of ADR methods for art-related disputes. She had previously spent a semester in New York attending a course in International Commercial Arbitration at Cardozo School of Law. Currently she is junior associate in a law firm in Rome.

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Published

2021-04-20

Issue

Section

Aspectos Metodológicos Do Direito da Arte e do Patrimônio Cultural

How to Cite

Art-related disputes and ADR methods. (2021). Revista de Direito Internacional, 17(3). https://doi.org/10.5102/rdi.v17i3.7121