Murray Rosen KC, an arbitrator and mediator and a member of the new Court of Arbitration for Art at The Hague, discusses the special features of dispute resolution in Art disputes, including a comparison between recent court cases and ADR methods, and the impact of the COVID-19 virus on procedures, especially remote hearings and meetings.
In this Podcast, Murray Rosen KC, who has practised in commercial, culture, media and sport law for over 40 years, discusses disputes centred on artworks and how they have been affected by the COVID-19 pandemic, especially in relation to ADR. These disputes can range widely from title and authenticity, to contract and intellectual property issues about exhibitions, merchandising, and broadcasting, and include relationships like partnership and employment and financial arrangements by way of investments and loans. He gives examples from recent court cases including SatFinace Investment v Philbrick [2020] EWHC 1261 (Ch) (an attempt to serve out of the jurisdiction claims concerning the Basquiat painting “Humidities”, decided on 26 May 2020) and provides an introduction to the new Court of Arbitration for Art (see its rules at https://www.cafa.world/arbitration/rules_and_clauses). The Podcast aims to share his experience as an arbitrator and mediator in dealing with substantive and procedural problems specifically related to the art world, but also reflects generally on the current developments in ADR practices.
