Jurisdiction(s):
United Kingdom

Arbitrating art disputes: confidentiality, specialist expertise and efficiency, illustrated by Nazi-looted art restitution and the rise of art-specific arbitral institutions

Published on: 19 August 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

Introduction

Across the art sector, disagreements surface in many settings. Whether it is inheritance wrangles over rights in artworks, restitution demands, complex provenance questions, or efforts to trace and reclaim looted cultural objects, the case for robust dispute resolution is plain. In a trade where discretion, if not outright secrecy, matters greatly, those embroiled in conflict typically seek to shun publicity for many reasons, not least to safeguard the value of the piece concerned. Numerous art disputes have been decided by courts around the world. While the courts provide an obvious forum, privacy‑minded participants in the art market are not readily drawn to this method of resolution, for rather evident reasons. Against that backdrop, arbitration stands out as a notably useful and practical process. For market participants anxious to preserve discretion and protect asset values, a private forum that avoids public scrutiny holds clear distinct practical advantages indeed.

The art of arbitration

The international art market is valued at about US$65bn...

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