Anne Laure Bandle’s research while affiliated with University of Geneva and other places

This article analyzes the dichotomy between the practices of the art market and of court judges when it comes to the authentication of works of art. While judges very much rely on experts acting in the art market, they may not necessarily pursue the same examination methods and conclusions, which can have serious repercussions on the art object and for its owner. The dichotomy unavoidably leads to the questions of what the correct assessment is and whether court judges should be conducting such examinations. Taking account of the difficulties judges and legislators face in attempting to interfere with established art market practices, it is suggested that courts are not an adequate forum to resolve authenticity disputes. Instead, scholars and art market actors should adopt improved authentication standards and, in the event of a dispute, refer to alternative means of dispute resolution.

The Second World War gave rise to an immense amount of unapproved cultural property transfers. The ongoing emergence of restitution demands related to these transfers shows that time does not heal all wounds. Instead, two types of restitution claims are now the subject of a heated debate: War spoils brought from Germany to Russia in the aftermath of the war and Nazi-looted art held in private and public collections. Notwithstanding the very differing considerations they entail, both restitution contexts are intrinsically tied to the argument of “reparation art” according to which cultural property may serve as compensation for the harm suffered because of the war. Moreover, they both are undergoing regulatory tensions and various initiatives which attempt to put an end to claims resulting from the Second World War.

Directed by Professor Dr. Kurt Siehr, Professor Dr. Wolfgang Ernst, and Dr. Andrea F. G. Raschèr, the seminar exposed the legal fundaments of art auctions and provided an overview of some underlying problems currently faced by practitioners and legal scholars. The seminar was followed by a panel discussion called the “Boon and Bane of Auction Houses for the Art Market,” gathering directors of auction houses as well as art market and art law experts.

This article introduces the new research project of the Geneva Art-Law Centre,which aims to study alternative dispute resolution (ADR) methods for art-related disputes. It gives a brief introduction on the topic of the research the project - the significant potential of ADR mechanisms in art law - and provides an overview of the growing international consideration for ADR in art-law matters. While types of art-related disputes vary considerably from case to case,certain common features may be identified to explain the need for adapted dispute resolution in this area. The Art-Law Centre’s research project will involve the creation of an Art-Law ADR Database recording art-related disputes worldwide that were resolved by means of ADR methods,as well as a thorough case analysis. To illustrate the nature of the research project, this paper specifies the different project stages and gives examples of collected art-law cases.