Arbitration

Arbitration offers the art world three advantages. First, confidentiality: no public hearing, no publication without the parties' agreement, which protects the reputation of collectors and houses. Second, specialisation: the arbitrators know the market, its customs and appraisal techniques. Finally, portability: an arbitral award is enforced abroad far more easily than a judgment.

The TAO also offers mediation, which is faster and less costly and leads to an agreement in nearly two cases out of three. The parties may use it before or during the arbitration.

The TAO is organised into four chambers: authenticity, provenance, restitution and contracts. Each chamber brings together arbitrators experienced in the type of dispute concerned and relies on independent experts, including those accredited by OIMAP certification.

The Registry, based in Paris, receives requests, checks admissibility, constitutes the tribunal and ensures compliance with time limits. Hearings are held in Paris, Geneva, Singapore or Dubai, or by videoconference.

The TAO is independent but fits in with the rest of the Organisation. Appeals against a refusal of certification come to it after review. Provenance disputes draw on the work of the Protection section, and the model contracts in the Market section refer to it through a standard clause.

This arrangement prevents the same dispute from being handled several times and gives arbitrators quick access to verified information, with the parties' consent.

Any natural or legal person may bring a case before the tribunal: collector, gallery, auction house, museum, State, heir, expert. It is enough for the parties to have agreed to arbitration, in their contract or after the dispute arose.

States may also use it for restitution disputes, with their own counsel. In such cases the tribunal takes account of the applicable immunities and international conventions.