One of the cases mentioned in Murray Rosen QC’s Podcast on “Art Disputes in Times of Pandemic” (14 July 2020) was SatFinance Investment Ltd v Philbrick & Others  EHHC 1261 (Ch), a decision of Chief Master Briggs delivered in the English High Court on 26 May 2020 during the Covid-19 lockdown. The claims in that case centred on the wonderful 1982 painting Humidity by Jean-Michel Basquiat, the New York artist who died tragically aged only 27 in 1988. The Claimant alleged a double fraud – as regards the true price of the painting in which it had invested and as regards its unauthorised use as loan security. It failed in its attempt to serve English proceedings out of the jurisdiction on the Fourth Defendant lender in New York, because England was not the appropriate forum - the English “anchor” defendants having disappeared so that there would be no trial here as against them. A key point was the relevance of the facts known by the time of the application to set aside service, to the position when permission to serve out had initially been granted.
Interested in the law governing disputes in the US college sports structure? Jeff Benz, who is also chair of the National Collegiate Athletic Association's (NCAA) Infractions Referral Committee, joined by two important co authors, has penned the leading article now on the new NCAA process for resolving infractions disputes, which can be found on the LawInSport's website here.
Jeffrey Benz and Catherine Pitre of Sport Resolutions write for LawInSport on successful advocacy online in sports disputes. Click here to read the article.
When we emerge from the current situation, the world of sports will be changed. And disputes are undoubtedly going to increase, particularly disputes that may have been put on hold while the world has been paused. Obtaining the assistance of a trained and neutral third party (a mediator) is often the most efficient method to resolve these disputes quickly and effectively so that industry participants can get back to business.
Jeff Benz writes for LawInSport on the need for more mediation in sports disputes. Click here to read in full.