Tribunal rules

The eight chapters deal in turn with general provisions, the introduction of proceedings, the constitution of the tribunal, procedure, evidence, the award, costs and final provisions. Annexes contain the scale of fees, the code of ethics, the expedited procedure, the mediation rules and urgent measures.

Each article is accompanied by an official commentary explaining its spirit and applications. These commentaries, published by the Registry, are not binding but shed light on interpretation.

The Rules state that the tribunal and the parties must act with speed, loyalty and efficiency. They enshrine equality of the parties, the adversarial principle, confidentiality and the parties' freedom in organising the procedure, within the limits of public policy.

They also lay down rules specific to the art world: taking market customs into account, use of recognised authenticity experts, special treatment of cultural property and the interests of States.

The Rules apply as soon as the arbitration agreement refers to them. The applicable version is the one in force on the day of the request, unless otherwise agreed. The parties may depart from most provisions, except those guaranteeing equality of the parties, the independence of arbitrators and public policy.

Where the Rules are silent, the tribunal decides after consulting the parties. Gaps are regularly filled by arbitral case law, published in anonymised form.

The Rules are prepared by a drafting committee made up of arbitrators, lawyers, representatives of market operators and academics. Drafts undergo a sixty-day public consultation before adoption by the council.

Each revision is accompanied by an explanatory note and a concordance table with the previous version. Clauses concluded under an earlier version remain governed by it until the request has been filed.