Arbitral Tribunal (TAO)

The TAO settles, through arbitration, disputes relating to works of art, collectors' items and cultural heritage. It rules on the authenticity of a work, its provenance, its restitution and the contracts linked to its trade: sales, deposits, warranties, consignments.

It also offers amicable settlement through mediation. It replaces neither the criminal courts, competent for offences, nor the administrative procedures proper to States.

The president of the tribunal, Pr. Henri-Louis Vasseur, chairs a nine-member council that oversees the list of arbitrators and the Rules. The Registry, headed by Me Sofia Ndiaye, administers the cases. No member of the council may sit in a case.

Independence is guaranteed by several rules: written declaration of any relationship with the parties, possibility of challenge, rotation of appointments and a ban on the Organisation giving instructions to the arbitrators.

TAO procedure rests on four principles: equality of the parties, the adversarial principle, speed and confidentiality. The parties may choose the language, the applicable law, the number of arbitrators and the seat. Failing that, the Rules provide default solutions.

A procedural timetable is set at the first meeting and may be adjusted. An expedited procedure is provided for disputes below €250,000, with a sole arbitrator and an award within six months.

The TAO contributes to confidence in the market by offering a clear outcome to disagreements. It delivers its awards within controlled time limits and publishes an anonymised version when the parties authorise it.

It also works with bar associations, chambers of commerce and universities to train people in the specifics of art law, and publishes an activity report each year.

The TAO handles disputes between major market players as well as private individuals' cases. A sliding scale and funding assistance of up to fifty percent of costs make arbitration accessible to small parties.

Parties who are unfamiliar with the procedure may seek the Registry's advice, which gives no legal consultation but explains the stages, time limits and forms.