Art market law

The module recalls the rules of sale, warranty against hidden defects, mistake as to substance and fraud as applied to works of art. It distinguishes catalogue descriptions ("by", "attributed to", "workshop of") and their legal effect. It examines limitation clauses and market usages.

Comparisons between civil-law and common-law systems show how the same fact can lead to different outcomes.

Magistrates learn to read an expert report, to distinguish opinion from scientific evidence, to question an expert. They study the burden of proof regarding authenticity and title. The role of the buyer's due diligence is analysed on the basis of recent decisions.

A workshop is devoted to reading a provenance file, with its gaps and clues.

Auction houses, galleries, advisers and online platforms are intermediaries whose liability varies according to their role. The module examines the mandate, the duty of advice, liability for erroneous attribution and verification obligations.

One chapter is devoted to online sales and new forms of transaction.

A large share of disputes involve a foreign element. Magistrates see how to determine the competent court, the applicable law, the validity of an arbitration clause and the enforcement of a decision abroad. They become familiar with the Hague, New York and UNIDROIT conventions.

Comparative cases illustrate the pitfalls of forum shopping and of the law applicable to the transfer of ownership.

Each participant receives the Academy's manual, a collection of case law in three languages and access to the arbitral tribunal's decision database. They may consult Academy experts for a year after the training.

An annotated bibliography guides further reading.