The Rise of Private Regulation in International Arbitration: How the World Intellectual Property Organisation and the Court of Arbitration for Art Try to Shape Artwork Dispute Resolution

Henrique Lenon Farias Guedes; João Victor Porto Jarske

8 The Rise of Private Regulation in International Arbitration: How the World Intellectual Property Organisation and the Court of Arbitration for Art Try to Shape Artwork Dispute Resolution

In: Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 33 (2020)

Authors:

Henrique Lenon Farias Guedes

Henrique Lenon Farias Guedes
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João Victor Porto Jarske

João Victor Porto Jarske
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Type:: Chapter

Pages:: 269–295

DOI:: https://doi.org/10.1163/9789004518216_009

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Abstract

Arbitration is one of the main alternative dispute resolution methods used nowadays for the settlement of commercial disputes, and the advantages of this institute flow over into conflicts related to the art market. For a long time, however, this market lacked a court specifically dedicated to arbitration. Additionally, despite the existing scholarly debate and soft law on the matter, arbitration is still a highly deregulated field. Thus emerges the question: what is the role of competition between arbitral institutions? Based on the hypothetico-deductive and comparative methods, this paper assumes the hypothesis that arbitration chambers behave as market agents, adapting its rules to the needs of its clients; accordingly, it analyzes the impact of the creation of the Court of Arbitration for Art (CAfA), in 2018, on the rules developed by another highly relevant body, the World Intellectual Property Organisation Arbitration and Mediation Center (WIPO Center), in 2020. Primary sources, such as the WIPO Rules on Arbitration and Mediation, and the CAfA Arbitration Rules, are analyzed, as well as secondary sources, focusing on the economics and on the sociology of arbitration.

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Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 33 (2020)

Series: Hague Yearbook of International Law / Annuaire de La Haye de droit international, Volume: 33

E-Book ISBN:: 9789004518216

Publisher:: Brill | Nijhoff

Print Publication Date:: 19 Sep 2022

Subjects
- International Law
  - Public International Law

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8 The Rise of Private Regulation in International Arbitration: How the World Intellectual Property Organisation and the Court of Arbitration for Art Try to Shape Artwork Dispute Resolution

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Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 33 (2020)

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