IBA Annual Conference Sydney 2017

8 Oct - 13 Oct 2017

Room C2.5, Convention Centre, Level 2

Session information

Is the art market truly global?

Wednesday 11 October (1430 - 1730)

Room C2.5, Convention Centre, Level 2


Art, Cultural Institutions and Heritage Law Committee (Lead)
International Trade and Customs Law Committee


Is the art market a truly global market? How is the art market affected by national heritage protection regulations, in particular those regarding border controls restricting exportation of cultural property? Does the art trade require national or supranational control? And what is the optimal level of regulation and compliance that the art market requires? Or is the invisible hand of the market a sufficient (or better) regulator of the public and private interests involved in the art market? A panel of distinguished lawyers and industry experts will present opposing views on the above issues, focusing on different crucial aspects of the art market. Part 1: political and economic implications of export permits, the macro view Part 2: export control in theory and practice - How does export control works in four jurisdictions with different legal and heritage backgrounds? Part 3: interactive case study Part 3 will be an open discussion of a fictitious case involving the sale of a piece of art at a low price and its subsequent export by the buyer from one EU country to another where the piece is resold and subsequently exported outside Europe. Both export 1 and 2 have been approved by proper authorities for export, the first such export on the basis of an application which very broadly but accurately describes the piece of art to be exported, specifying the purchase price, but not its age. When it is later found out that the piece could be a very valuable old masterpiece, can the original sellers do anything and rescind/challenge/attack the sale? Can any of the export authorities revoke their respective export license? What effect, if any, on each of the sellers/buyers, if the original sellers and/or the export authorities do?

Session / Workshop Chair(s)

Giuseppe Calabi CBM & Partners Studio Legale, Milan, Italy; Senior Vice Chair, Art, Cultural Institutions and Heritage Law Committee
Nicholas O'Donnell Sullivan & Worcester, Boston, Massachusetts, USA; Vice Chair, Art, Cultural Institutions and Heritage Law Committee
Peter Polak Polak & Partner Rechtsanwälte GmbH, Vienna, Austria; Chair, Art, Cultural Institutions and Heritage Law Committee

Keynote Speakers

Anastasia Tennant The Arts Council of England, London, England


Klaus Kraatz Kraatz & Kraatz, Kronberg, Germany
Ian McDonald Simpsons Solicitors, Sydney, New South Wales, Australia
Allan Myers AC QC Victorian Bar, Melbourne, Victoria, Australia
Wendy Philips Sotheby's, London, England
Angell Xi Jingtian & Gongcheng, Shanghai, China; Officer, Art, Cultural Institutions and Heritage Law Committee