Legal analysis of the risks in art exhibition contracts from the perspective of international law

Abstract

International art exhibitions can lead to disputes between multiple parties due to their transnational and complex nature, unlike domestic art exhibitions. The “Kiefer” Chinese painting exhibition triggered a series of controversies that should not be overlooked. Professionals in the art industry should reflect on these controversies to gain insights and promote the development of the field. This article focuses on the “Kiefer” incident to discuss the major risk points in the international art exhibition process. The article is divided into three parts. The first part concerns the selection and application of the law, where parties must carefully consider which laws and international rules to apply. The second part addresses the nature of the contract and liability, examining how the applicable law affects the legal nature of the contract and the obligations of the parties involved. The third part deals with unauthorized disposition and judicial seizure, focusing on issues of good faith acquisition when a party receiving artwork illegally disposes of it without the owner’s permission, as well as the problem of judicial seizure and immunity from judicial seizure of artworks (including cultural relics) involved in litigation.

Keywords

Conflict of laws / Applicable law / Jurisdiction of courts / Immunity from judicial seizure

Funding

None.

Conflict of interest

The author declares no competing interests.