{"id":388,"date":"2015-05-18T11:01:57","date_gmt":"2015-05-18T10:01:57","guid":{"rendered":"http:\/\/carducciartlaw.com\/site\/01\/?page_id=388"},"modified":"2021-07-03T17:26:47","modified_gmt":"2021-07-03T16:26:47","slug":"commercial-law-and-disputes","status":"publish","type":"page","link":"https:\/\/carducciartlaw.com\/site\/01\/services\/possible-tasks\/commercial-law-and-disputes\/","title":{"rendered":"Investment and Acquisition, Transactions and Trade"},"content":{"rendered":"
\n\t
\n\t\t
\n\t\t\t\n\t
\n\t\t
\n\t\t\t

Investment and Acquisition,\u00a0Transactions and Trade<\/span><\/span><\/h2>\n\n\t\t<\/div> \n\t<\/div>
<\/span><\/div>\n\n\n\t
\n\t\t
\n\t\t\t

Investment<\/strong> in modern and contemporary art and in cultural property has grown over the years<\/p>\n

Investors seek return and failing to properly address the legal components of investment leads to increased financial risk, overestimations or underestimations of returns<\/p>\n

Acquisition<\/strong> of art by museums, foundations and collectors has also grown over the years. Such buyers generally buy art for its own own value and do not seek return as investors usually seek<\/p>\n

Investments and acquisitions of art and cultural property raise significant legal issues and the related risks deserve an early assessment<\/p>\n

Acquisition by Possession<\/strong>: the non-derivative acquisition of art raises complex legal issues as to title and good faith. Professor Carducci has worked and published extensively on these matters in comparative and international law.<\/p>\n

Art-related Transactions<\/strong> are nowadays most often cross border. They include various types of contract, such as:<\/p>\n

commissioning of artworks: creation according to the buyer’s instructions<\/p>\n

sale: between the artist and a buyer, between galleries, museums , foundations, companies<\/p>\n

loan: between the artist and a client, between galleries, between museums, in particular in the context of temporary exhibitions<\/p>\n

insurance: between the owner and the insurer, or a temporary possessor and the insurer<\/p>\n

transport: between the owner, or a temporary possessor, and the carrier<\/p>\n

International Trade<\/strong> in art adds to the cross border transaction element the complexity associated with international trade which includes inter alia the consequences of change of situs as to title and other rights related to art, the indentification of the relevant export and\/or import regulation and related authorization for the artefact concerned<\/p>\n

International Transport <\/strong>of art is different, in various regards, from trasport of ordinary chattels and commodities<\/p>\n

<\/div>\n\n

Professor Carducci can assist governments, public and private entities, by resolving disputes (as arbitrator or mediator) or providing expert \u00a0advice (as expert for legal opinions) or advice and party\u2019s representation (as legal counsel) as to the complex legal matters in public and private international law <\/span>and related risks that i<\/span>nvestment, international transactions, acquisitions and trade in art and cultural property raise.<\/strong><\/p>\n

Professor Carducci can assist as to:<\/strong><\/p>\n

negotation and drafting of taylor-made art-related (domestic and international) transactions<\/strong><\/p>\n

provenance, determination of title, authenticity, acquisition policies and standards, return and restitution claims<\/strong><\/p>\n

evaluation of the risk and consequences of a restitution claim<\/strong><\/p>\n

identification and compliance with export- import regulations<\/strong><\/p>\n

optimization of dispute resolution in negotiating a deal\u00a0 <\/strong><\/p>\n

dispute resolution as counsel, arbitrator or mediator (litigation, arbitration, mediation, conciliation, negotiation, \u00ab\u00a0Arb-Med\u00a0\u00bb, \u00ab\u00a0Med-Arb\u00a0\u00bb)<\/strong><\/p>\n

determination of jurisdiction, applicable law, recognition and enforcement of judgments and arbitral awards<\/strong><\/p>\n

<\/div>\n\n

Prof.Carducci has gained a significant experience and expertise and specifically to art investment and acquisition, transactions and trade. See in this website:<\/strong><\/p>\n

UNESCO experience as to the 1970 Conventionon on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property<\/p>\n

Drafter and elaboration of the UNESCO-WCO Customs Model Export Certificate for Cultural Objects<\/p>\n

Legal practice as arbitrator, legal expert and counsel<\/p>\n

Research and teaching in Commercial Law, International Business, Trade and Arbitration Law<\/p>\n

Visting Professor in International Art and Cultural Property Law<\/p>\n

Standard-setting experience as Member of the ICC Commissions on Arbitration and ADR, Commercial Law and Practice, Competition<\/p>\n

Standard-setting experience within the Chartered Institute of Arbitrators (London)<\/p>\n

Publications (see list)<\/p>\n

Conferences given worldwide (see \u00ab\u00a0Conferences\u00a0\u00bb under Experience, International Arbitration)<\/p>\n

Specialization and Ph.D.<\/p>\n

\u00a0<\/span><\/p>\n\n\t\t<\/div> \n\t<\/div>

<\/div>\n
<\/span><\/div>\n\n\n\t\t<\/div> \n\t<\/div> \n<\/div>\n","protected":false},"excerpt":{"rendered":"Investment and Acquisition,\u00a0Transactions and Trade Investment in modern and contemporary art and in cultural property has grown over the years Investors seek return and failing to properly address the legal components of investment leads to increased financial risk, overestimations or underestimations of returns Acquisition of...","protected":false},"author":1,"featured_media":0,"parent":64,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":[],"categories":[6],"tags":[],"_links":{"self":[{"href":"https:\/\/carducciartlaw.com\/site\/01\/wp-json\/wp\/v2\/pages\/388"}],"collection":[{"href":"https:\/\/carducciartlaw.com\/site\/01\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/carducciartlaw.com\/site\/01\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/carducciartlaw.com\/site\/01\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/carducciartlaw.com\/site\/01\/wp-json\/wp\/v2\/comments?post=388"}],"version-history":[{"count":51,"href":"https:\/\/carducciartlaw.com\/site\/01\/wp-json\/wp\/v2\/pages\/388\/revisions"}],"predecessor-version":[{"id":1366,"href":"https:\/\/carducciartlaw.com\/site\/01\/wp-json\/wp\/v2\/pages\/388\/revisions\/1366"}],"up":[{"embeddable":true,"href":"https:\/\/carducciartlaw.com\/site\/01\/wp-json\/wp\/v2\/pages\/64"}],"wp:attachment":[{"href":"https:\/\/carducciartlaw.com\/site\/01\/wp-json\/wp\/v2\/media?parent=388"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/carducciartlaw.com\/site\/01\/wp-json\/wp\/v2\/categories?post=388"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/carducciartlaw.com\/site\/01\/wp-json\/wp\/v2\/tags?post=388"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}