Can Med-Arb/Arb-Med-Arb be used as a process to resolve a claim for the repatriation of ancient art & antiquities to their homeland, whereby Museum Trustees (acting on external legal advice/directions or some sort of ‘blessing’ i.e. from a court of equity & thus in good faith & apparently in accordance with their duties & powers), can agree a process ‘ground-rule’ with the claimant –

‘That any applicable ethical principles of repatriation explored, defined &
agreed during the Mediation phase of the process, may be applied during the subsequent Arbitration phase of the process, in order to make a binding determination about what ethically is the right thing is to do.’

In other words, could Med-Arb/Arb-Med-Arb as a process, result in a legally binding decision which takes into account applicable ‘ethical’ principles of art & cultural property repatriation – by agreement?

Whilst I have not researched the question, I am not aware of a single precedent of where this has been done in the Med-Arb/Arb-Med-Arb of a cultural property repatriation dispute.

If you know of one please cite it as a comment.

My next article, which I have started to research is entitled, ‘Duties & Powers of Museum Trustees in Settling Art Restitution Claims.’

My next book is provisionally entitled, ‘Repatriation Dialogue – Negotiating The Ethical Return To Their Homeland Of Ancient Art & Antiquities.’

I will start work on this book on 1st March 2025.