Art-related disputes and ADR methods

Resumo

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.