Frequently Asked Questions

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• Court of Arbitration and arbitration panel – what is the difference?

  While the term “Court of Arbitration” refers to the overall organizational entity, an “arbitration panel” is constituted in each individual case once an application has been submitted and the requirements for initiating proceedings have been met. Each arbitration panel consists of five arbitrators.

• What is the list of arbitrators?

  The list of arbitrators contains the 36 arbitrators available to serve in arbitration proceedings. Similar closed lists of arbitrators are also used in other areas of arbitration practice.

• How many arbitrators sit on an arbitration panel?

  An arbitration panel of the Court of Arbitration for Nazi-looted Cultural Property is always interdisciplinary and is composed of five arbitrators in accordance with the Rules of Arbitration. Each panel includes three jurists and two individuals with expertise in the field of history or art history.

• Is it possible to appeal to the Court of Arbitration unilaterally?

  If there is a standing offer on the part of the institution holding the cultural property, the initiation of arbitration proceedings does not depend on the consent of that institution. Since proceedings can thus be initiated unilaterally, unilateral appeal to the Court of Arbitration is possible.

• What is a standing offer?

  A standing offer constitutes the general consent of an institution to conduct future proceedings before an arbitration panel of the Court of Arbitration for Nazi-looted Cultural Property and to have a decision pronounced by an arbitration panel. If an institution has made a standing offer, an arbitration agreement may be concluded between the parties based on the model provided on this website. This arbitration agreement is not general in nature but relates specifically to the item or items of cultural property concerned.

• Must an arbitration agreement be concluded even if a standing offer already exists?

  Yes, an arbitration agreement must always be concluded. You can find the list of standing offers here.

• Where can I submit my application?

  Applications may be sent by post or e-mail to the Service Desk of the Court of Arbitration for Nazi-looted Cultural Property.

• Do I have to provide reasons for my application? What are the main points to consider?

  It is important to provide the most thorough substantiation possible when submitting an application. In particular, the requirements of section 9(1)(d) and (e) and (2) of the Rules of Arbitration must be observed. It can be helpful to substantiate the facts of the case by providing evidence and references, and also to include documents from the “previous procedure” carried out in accordance with section 7 of the Rules of Arbitration.

• Who can submit an application?

  The proceedings of the Court of Arbitration for Nazi-looted Cultural Property serve to resolve disputes concerning the possible return of Nazi-looted cultural property. One party to the proceedings is the applicant laiming that the cultural property was seized as a result of Nazi persecution, either from themselves or their ancestor. Several parties may appear on the applicant side. For this reason, the arbitration agreement may be signed by several parties on one side. The specific eligibility to apply is primarily governed by sections 3 and 6 of the Assessment Framework. Generally, the other party to the proceedings may be the institution holding the disputed cultural property, or its legal entity (the Land or municipality). 

• Who can I contact if I have questions about my application or the previous procedure?

  The Service Desk provides support before and during the initiation of arbitration proceedings. The previous procedure is a key prerequisite for initiating arbitration. Questions about the conduct of the previous procedure can therefore also be addressed to the Service Desk.

• What is the objective of the previous procedure?

  Where possible, just and fair solutions in the spirit of the Washington Principles should already be reached in a previous procedure between the parties. Public institutions holding cultural property are likewise required to apply the Assessment Framework in such a preliminary procedure.

• When and how do the actual arbitration proceedings begin?

  Unlike a state court, an arbitration panel is not permanently in place. An arbitration panel must first be constituted by the parties. The arbitration panel is constituted once all arbitrators have been appointed and they have chosen a chairperson.

• On what basis does an arbitration panel of the Court of Arbitration for Nazi-looted Cultural Property make its decisions?

  Arbitration panels arrive at their decisions solely on the basis of the Assessment Framework. Its provisions, in particular the rules on reducing the burden of proof, enable just and fair solutions in cases that remain unresolved today, more than eighty years after the end of the war. Helpful guidance is provided by the Explanatory Notes on the Assessment Framework for Arbitration Panels of the Court of Arbitration for Nazi-looted Cultural Property, contained in the revised 2025 edition of the Guidelines and available here.

• Is it possible for anyone to attend the negotiations?

  In accordance with Section 21(2) of the Rules of Arbitration, hearings are generally not open to the public. Hearings may only be open to the public if both parties explicitly and unanimously agree to this. Should both parties jointly decide in favour of this, the Service Desk will publish a notice on this website.