Contract disputes

Contract disputes concern the performance of obligations: payment of the price, delivery, conformity, time limits, liability for damage. They involve professional operators, but also collectors and institutions.

The tribunal applies first the contract, then the applicable law, then the customs. It pays attention to the general conditions of auction houses, consignment practices and insurance and transport rules.

More than half of contract cases fall under the expedited procedure, with a sole arbitrator and an award within six months. Disputes of a higher amount or of high complexity follow the ordinary procedure.

Mediation is particularly effective in contract matters: it leads to an agreement in 70% of cases, because the parties often wish to continue their commercial relations.

A clear contract prevents most disputes: description of the work, price, payment and delivery terms, transfer of risk, insurance, warranty, arbitration clause. The model contracts in the Market section can serve as a basis.

Keeping evidence is also crucial: written exchanges, delivery notes, condition reports, shipping reports.

The art market has its customs: sale costs, warranty conditions, payment terms, return of works, consignment rules. They are recognised by the tribunal, which relies on codes of ethics and OIMAP's guides.

This knowledge of the field speeds up settlement: the arbitrators understand the commercial stakes, which allows tailored solutions.