WIPO Alternative Dispute Resolution (ADR) for Art and Cultural Heritage

The WIPO Mediation, (Expedited) Arbitration and Expert Determination Rules are well suited for art and cultural heritage disputes.

The WIPO Rules are flexible and can also be applied in disputes that are not limited to intellectual property. In its role as administering institution, the WIPO Center maintains strict neutrality and independence.

Examples of WIPO mediations in this area include cases relating to restitution claims, the authenticity of a painting and ownership of art works.

Examples of WIPO arbitrations in this area include:
- WIPO Expedited Arbitration Relating to an Artistic Production Finance Agreement,
- WIPO Arbitration of an Artist Promotion Dispute

By way of further example, the WIPO Center has carried out its “good offices” in a matter between a museum and an indigenous community concerning the restitution of a cultural object, as well as related intellectual property issues.

Effective proceedings to a large extent depend on the quality of the mediator, arbitrator or expert. The WIPO Center maintains an open-ended Panel, including mediators, arbitrators and experts from around the world with expertise in art and cultural heritage. They can be appointed by parties in cases under WIPO Rules but parties are also free to select mediators, arbitrators or experts from outside the WIPO Panel.

The WIPO Center makes available recommended contract clauses and submission agreements that parties can use to submit their disputes to ADR.

Upon request, the WIPO Center provides procedural guidance to interested parties and organizations in the art and cultural heritage sector. This includes advice on the drafting and adaptation of ADR clauses in art and cultural heritage related contracts and submission agreements, as well as helping to bring disputing parties to ADR.

The WIPO Center also organizes training and workshops on mediation, arbitration and related topics.

Where appropriate in light of the needs of the relevant stakeholders, the WIPO Center provides guidance in the establishment of adapted ADR frameworks, including fees and clauses, and provides administrative services thereunder.

To optimize dispute resolution in the art and cultural heritage sector, the WIPO Center collaborates with relevant stakeholders and organizations. This may include organization of joint events and training, and establishment of adapted ADR frameworks, and involves for example the following:

• International Council of Museums (ICOM)

The WIPO Center is available to collaborate with other interested stakeholders.

• Report on Copyright Practices and Challenges of Museums, by Dr. Yaniv Benhamou, WIPO Standing Committee on Copyright and Related Rights, SCCR/38/5, 2019, on dispute resolution see pp. 28-29.
• Intellectual Property and the Safeguarding of Traditional Cultures - Legal Issues and Practical Options for Museums, Libraries and Archives, written for the World Intellectual Property Organization (WIPO) by Molly Torsen and Jane Anderson, WIPO Publication No. 1023(E), 2010, on dispute resolution see pp. 62-66.
• WIPO Guide on Managing Intellectual Property for Museums, by Rina Elster Pantalony, WIPO Publication 1001(E), 2013, on dispute resolution see Chapter 2, paragraph 2.7.
• Alternative Dispute Resolution in Art and Cultural Heritage - Explored in the Context of the World Intellectual Property Organization’s Work, by Sarah Theurich, in Kerstin Odendahl, Peter Johannes Weber (Eds.), Kulturgüterschutz - Kunstrecht - Kulturrecht, Festschrift für Kurt Siehr zum 75. Geburtstag aus dem Kreise des Doktoranden - und Habilitandenseminars ”Kunst und Recht“, Schriften zum Kunst- und Kulturrecht, Nomos Verlag, Baden-Baden, 2010, Volume 8, pp. 569-594.
• Art and Cultural Heritage Dispute Resolution, by Sarah Theurich, WIPO Magazine, July 2009, Issue 4, pp. 17-19.
• “Mediation as an Option for Resolving Disputes between Indigenous/Traditional Communities and Industry Concerning Traditional Knowledge”, by J. Christian Wichard and Wend B. Wendland, in Barbara T. Hoffman (ed.), Art and Cultural Heritage: Law, Policy, and Practice, Cambridge University Press, 2005, pp. 475-482.
• Bibliography on Intellectual Property Arbitration and Mediation