Sculpting the rules of the Court of Arbitration for Art: Facilitating commercial outcomes to art world disputes

Journal article | June 2021 | Available for purchase & free for members


In 2018 the Court of Arbitration for Art (CAfA) was founded as a joint initiative of Authentication in Art and the Netherlands Arbitration Institute. Focusing on the issue of authenticity disputes — a key economic and legal concern in the art market — this article examines the manner in which the CAfA Rules have been drafted to account for the specific needs of parties to art-related disputes. The article concludes that by taking consideration of — rather than fighting against — the economic imperative for secrecy and confidentiality in art disputes, the CAfA Rules promise a commercially intelligent forum for the resolution of art market disputes.

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We thank the author of this article Elizabeth Harris and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Arbitration Rules, Arts