The Potential of the Singapore Convention on Mediation for Art and Cultural Property Disputes

Abstract

Abstract The article focuses on the applicability of the 2019 Singapore Convention (UN Convention on International Settlement Agreements Resulting from Mediation) to art and cultural property disputes. The latter are characterized by highly diversified cultural, commercial, political and legal frameworks, which provide the grounds upon which these disputes have to be addressed. A preliminary analysis tackles the nature of the disputes under consideration, highlighting the potential combinations of disputing parties and the different dispute settlement mechanisms drawn by each international instrument. In the context of art-related disputes, mediation plays a critical role, which is witnessed by a number of case studies in the field. Thus, the settlement of international art and cultural heritage controversies may benefit from the entry into force of the Singapore Convention. The main features and challenges of the Convention are addressed by this contribution, with special regard to the effects that the treaty could have on international art and cultural property transactions and dispute resolution.