Meet | The | Experts - Art and antiquities crossing borders: whose law wins?
Register for our next MEET | THE | EXPERTS webinar on 29 April at 1.00 pm.
Transactions involving art and heritage property can give rise to issues of great complexity, particularly in relation to title: who really owns an asset, and is that ownership always as certain as it seems? These issues are of concern to a wide range of people involved in the buying, selling and financing of such artefacts – and they can give rise to a range of complex legal and ethical dilemmas. The panel will discuss some of the questions that emerge against the background of the return of a Persian limestone fragment from New York to Iran.
- How do private international rules deal with the fact that different countries have different laws on the passing of title to assets?
- What is the impact of public international law, and domestic systems of law dealing with restitution?
- What were the facts of this particular case, and why was it decided the way it was?
- Does it matter where a dispute is litigated? What other factors might affect the outcome?
- Practical issues when dealing with questions of provenance
- The role of limitation
- The role of due diligence
Alexander Herman (Assistant Director of the Institute of Art and Law)
Fionnuala Rogers (Consultant lawyer in the art and cultural property group at Constantine Cannon)
Ed Powles (Partner, Maurice Turnor Gardner LLP)
Ceris Gardner (Partner, Maurice Turnor Gardner LLP)
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