Resolving disputes over works of art through international arbitration: the case of CAfA

Works of art are part of intellectual property but contain characteristics that are quite different from scientific works.. Determining whether a product is a work of art is quite challenging because art is defined differently by everyone. Furthermore, there are very few studies in doctrine that examine works of art. However, serious disputes may arise in practice regarding works of art. Disputes concerning works of art are disputes that concern public law and private law. It has been observed that lawsuits concerning private law disputes, which form the basis of this study, may fall short in protecting the financial and moral rights of the athors. This is due to the unique sociological, anthropological, and subjective nature of works of art. Lengthy litigation processes may also fail to meet the needs of the art market. It is necessary to work with experts to determine whether works of art are original and to identify their source. For these reasons, the decisions of state courts may sometimes be insufficient to meet the needs of the art market. Alternative dispute resolution methods are therefore gaining importance. Arbitration is preferred due to important advantages such as speed, confidentiality, and expertise in the field. International arbitration, as an alternative dispute resolution method, meets the needs of the international art market. Although it may be debatable which disputes concerning artworks can be subject to international arbiation, specialized arbitration centers in this field have also begun to be established. The Court of Arbitration for Art (CAfA), established in The Hague, Netherlands, is a pioneer in this field. This study will outline the concepts of art and artwork from a legal perspective as well as from the perspectives of artists and art theorists. It will then address the problems that arise when disputes concerning artwork are resolved in state courts. Subsequently, the role of international arbitration in resolving disputes concerning artwork will be determined. During the examination, the CAFA Arbitration Procedure, which is a pioneer in this field, will be explained with reference to the procedures of different arbitration centers. Keywords: Intellectual and Artistic Works, International Arbitration, Art, Art Arbitration, Art Law.