dtb rechtsanwälte’s Post

New Blog Post! Dive into the complexities of Modern & Contemporary Art Transactions. The recent seminar hosted by the Institute of Art and Law and Wedlake Bell explored insights on art contracts, authentication, collective societies, and more. Check out the seminar report by Laura Villarraga Albino https://buff.ly/3R7Gxy8

Thrilled to be headed to Albany Law School next week to speak about legal protections for cultural heritage generally, and how generally applicable laws like the Antiquities Act affect Indigenous cultures in particular. Looking forward to a great discussion with these esteemed panelists. #indigenouspeoples #indigenousculture #law

If you are interested in the subject, this is a great listen on Jomini, the Swiss-born contemporary strategist to Clausewitz who was initially much more read than the Prussian: https://lnkd.in/eKiMtpuP

In an unusual move, the Ninth Circuit Court of Appeals has ordered Spain to respond to a petition for rehearing en banc in the Cassirer case. I am proud to have co-authored an amicus curiae brief on behalf of the Monuments Men and Women Foundation together with Robert E. Kohn supporting rehearing. We argue that the Holocaust Victims Redress Act of 1998 applies Articles 47 and 56 of the 1907 Hague Convention to Nazi looted art, so Spanish domestic law can't be used to launder Nazi-looted art. Check out our brief at the link below! #artlaw #litigation #Holocaust

"A History of Special Collections" is an exhibition that considers the archival history of the archives themselves, and demonstrates the importance of developing and maintaining such institutional knowledge. Now on display on level 4! https://lnkd.in/gz5982fS

Matthias observes - 'At the same time, this legislative basis allows the parties a lot of freedom to design their proceedings individually. ... [A]s such proceedings certainly require a special design, in order to address the expectations and needs of the claimants.' Arbitation is sometimes confused with Mediation. This is wrong. Arbitation is an adjudicative process. Mediation is a process designed to explore and lead to the possibility of 'doing a deal, i.e. it is a facilitative process. Notwithstanding that distinction, in practice, the style & approach of many Mediators is both evaluative & facilitative. As a specialist legal practitioner & CMC Registered Mediator, I am one of them. For many years, I have argued that you can combine both forms of ADR, i.e in a two-track process which 1st involves [Judicial] ENE on merits, & then 2nd - Mediation over 'quantum' in a damages claim/terms of restitution in an art case. See my article on the Publications page at www.carlislam.co.uk - ‘Judicial-ENE and the New Normal’, published by Trusts & Trustees (Oxford University Press), 14 December 2020 - where I make this argument. Is a bespoke form of hybrid arbitration/mediation possible under the new German Arbitration Framework ?

Less than one week away from our annual symposium! This symposium covers the topic of cultural heritage taking into consideration conflict of laws, international law, art markets, property rights, human rights, and world politics. This symposium opens up a dialogue among artists, policymakers, and lawyers concerning the meaning of culture and arts to our society, and how laws and policies can more effectively protect both tangible and intangible cultural property. The panelists will examine the following questions: Why does cultural heritage matter in modern times? How does respecting cultural heritage relate to peacebuilding? What is the role of lawyers in art markets? How do lawyers represent artists in the context of art markets? And many more! To register for this event, please follow the registration link here: https://lnkd.in/eKn-SNhn.

Have you been keeping up with the Arts Award articles going up on Voice? Here we highlight a very thought-provoking article on political correctness and its relationship with the arts. We think you might find this interesting! Go to the link in our bio and let us know what you think about it! #voicemagazine #voicemaguk #artsaward

Looted art: the woman tackling Switzerland’s historical burden (1998 Washington Principles and 2024 Best Practices for the Washington Conference Principles on Nazi-Confiscated Art) As Switzerland s… https://lnkd.in/dUZtxkFw

As a towering Geneva landmark, the Musée international de la Croix-Rouge et du Croissant-Rouge has been a familiar sight for years. Thanks to the support of Rebecca Tapscott, Daniel Rincón Machón, & their team at "Civil Wars," I wrote about it for the new "Arts and Culture" section of their journal! While words will not make the experience justice, I hope the short review is of interest for those engaged with the intersections of material culture, international law, and 'the humanitarian adventure.' https://lnkd.in/eAUaHcYp