Cultural Property Disputes ― The Role of Arbitration in Resolving Non-Contractual Disputes

Gazzini, who is not further identified, argues that arbitration can play an important role in cultural disputes that involve more than one national legal system, and concern the restitution of cultural property following its illegal acquisition or transfer by means of torious activities such as theft, looting, and illegal excavation. She briefly sketches the existing legal structure governing such disputes; looks at past and present mechanisms established to resolve such disputes, particularly national court litigation; discusses the general advantages and disadvantages of arbitration in light of constraints on existing mechanisms; describes specific procedural matters and practical difficulties in adapting arbitration practice from other realms; and outlines the conditions and circumstances under which arbitration would provide a valuable alternative to national court adjudication. Annotation c2004 Book News, Inc., Portland, OR (booknews.com)

Isabelle Fellrath Gazzini is an attorney living in Geneva, Switzerland.