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Arbitrating Cultural Property Disputes

Cardozo Journal of Conflict Resolution, Vol. 13, pp. 477-526, Spring 2012

50 Pages Posted: 11 Nov 2012  

Elizabeth Varner

Indiana University Robert H. McKinney School of Law

Date Written: May 1, 2012

Abstract

Years drag by, vicious allegations fly across the world stage, parties die frustrated. While cultural property disputes are frequently arbitrated internationally, arbitration is not often used in domestic cultural property disputes. One of the paradoxes of cultural property disputes is the need to resolve the issue while not harming the parties’ reputation or devaluing the cultural property. While scholars have shown much interest in arbitrating cultural property disputes in the United States, maximizing the potential of arbitration in cultural property disputes has largely been ignored.

Rejecting the acceptability of litigating cultural property disputes in the battlefield of the courtroom, this article illuminates cultural entities’ interest in pursuing arbitration and the benefits of arbitrating cultural property disputes. Examining how arbitration can facilitate resolution of cultural property disputes in the United States, this article exposes the inherent inadequacies of litigating cultural property disputes and reveals how parties can tailor superior arbitration agreements for maximum benefit in cultural property disputes and can craft creative remedies to help the parties.

Keywords: Art, Museum, Cultural Heritage, Cultural Property, Nonprofit, Crime, Looting, Theft, Antique, Antiquity, Arbitration, Mediation, Negotiation, AAA, WIPO, UNESCO, Dispute Resolution

Suggested Citation

Varner, Elizabeth, Arbitrating Cultural Property Disputes (May 1, 2012). Cardozo Journal of Conflict Resolution, Vol. 13, pp. 477-526, Spring 2012. Available at SSRN: https://ssrn.com/abstract=2133623

Elizabeth Varner (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

United States

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