ArtResolve : Confidential and effective resolution of disputes about works of art and cultural property : Model Agreements

Home Contact

ArtResolve : Model Agreements

Model Agreements for Existing Disputes

Using Mediation and Expert Determination
Using Mediation and Arbitration

Model Clauses for Future Disputes

Using Mediation and Expert Determination
Using Mediation and Arbitration

ARTRESOLVE MODEL AGREEMENT FOR EXISTING DISPUTES, USING MEDIATION AND EXPERT DETERMINATION

This agreement is made [date] between [parties].
[Description of dispute].
The parties agree to seek first to resolve the dispute by mediation arranged by ArtResolve.
If the mediation is unsuccessful, the dispute shall be referred, at the option of either party, to expert determination by an expert (or experts) to be agreed on by the parties or, in default of that agreement, to be appointed by Artresolve. The expert(s) shall act as (an) expert(s) and not as (an) arbitrator(s) and his/her/their decision shall be final and binding on the parties. The expert determination shall take place in [place/country] The language used shall be [].
Neither the mediator(s), expert(sa), pupil(s) nor ArtResolve undertake any responsibility to the parties for any act or omission, including acts or omissions amounting to negligence, in connection with the mediation and/or expert determination, except where bad faith is shown.

ARTRESOLVE MODEL AGREEMENT FOR EXISTING DISPUTES, USING MEDIATION AND ARBITRATION

This agreement is made on [date] between [parties].
[Description of dispute]
The parties agree to seek first to resolve the dispute by mediation arranged by ArtResolve. If the mediation is unsuccessful, the dispute shall be settled by arbitration in accordance with the UNCITRAL rules, with ArtResolve as appointing authority. The arbitration shall take place in [place/country]. The language used shall be []. The number of arbitrators shall be one/three.
Neither the mediator(s), arbitrators(s), pupils nor ArtResolve undertake any responsibility to the parties for any act or omission, including acts or omissions amounting to negligence, in connection with the mediation and/or arbitration, except where bad faith is shown.

ARTRESOLVE MODEL CLAUSE FOR FUTURE DISPUTES, USING MEDIATION AND EXPERT DETERMINATION

If any dispute, controversy or claim arised out of or relating to this contract, or the breach, termination or invalidity thereof (collectively "the dispute"), the parties shall seek first to resolve the dispute by mediation arranged by ArtResolve. If the mediation is unsuccessful, the dispute shall be referred, at the option of either party, to expert determination by (an) expert(s) to be agreed on by the parties or, in default of that agreement, to be appointed by ArtResolve. The expert(s) shall act as (an) expert(s) and not as (an) arbitrator(s) and his/her/their decision shall be final and binding on the parties. Neither the mediator(s), expert(s), pupil(s) nor ArtResolve undertake any responsibility to the parties for any act or omission, including acts or omissions amounting to negligence, in connection with the mediation and/or expert determination, except where bad faith is shown.

ARTRESOLVE MODEL CLAUSE FOR FUTURE DISPUTES, USING MEDIATION AND ARBITRATION

If any dispute, controversy or claim arises out of or relating to this contract, or the breach, termination or invalidity thereof (collectively "the dispute"), the parties shall seek first to resolve the dispute by mediation arranged by ArtResolve. If the mediation is unsuccessful, the dispute shall be settled by arbitration in accordance with the UNCITRAL arbitration rules at present in force. The appointing authority shall be ArtResolve. The place of mediation and/or arbitration shal be [place or country]. The language used shal be [ ]. The number of arbitrators shall be one/three. Neither the mediator(s), pupil(s,arbitrator(s) nor ArtResolve undertake any responsibility to the parties for any act or omission, including acts or omissions amounting to negligence, in connection with the mediation and/or arbitration.

Home Contact

Fee
Structure