Follow-up of enforcement

Within fifteen days of the award, the Registry asks the losing party about its intentions to comply. At thirty days, it sends a reminder. At forty-five days, it proposes a meeting or enforcement mediation. The information is recorded in the file.

The winning party is kept informed. It may ask the Registry for a certificate of non-compliance, useful for starting the exequatur procedure.

Where a losing party is acting in good faith but has cash-flow difficulties, enforcement mediation makes it possible to negotiate a payment schedule or performance in kind (transfer of a work, set-off). The mediator ensures that the agreement is realistic and secured.

This tool has made it possible to enforce 12% of awards that would otherwise have required exequatur. It preserves the relationship between the parties and reduces costs.

In the event of unjustified refusal, the Registry informs the winning party of its options and may, with its agreement, publish the refusal in a list accessible to OIMAP's approved operators. Approved auction houses and galleries undertake not to contract with a party that refuses to comply with a TAO award.

This reputational sanction, provided for by the operators' code of ethics, is a powerful lever in a market where trust is paramount.

Each year, the Registry analyses files that proved difficult to enforce and draws recommendations for the Rules and for practice: better drafting of operative provisions, payment guarantees, enforcement plans from the time of the award.

These lessons are circulated to the arbitrators and published in the annual report. They have helped raise the rate of voluntary compliance from 70% in 2015 to 81% in 2024.