Pool of Arbitrators

Hon. Professor Eltjo J.H. Schrage

Former Judge in the Amsterdam Court of Appeal; Professor emeritus of Roman and Civil law

Eltjo is an arbitrator focused on art law and commercial law. Until his retirement as such (2015) he was a judge in the Amsterdam Court of Appeal and a Professor of Civil law at the University of Amsterdam. Furthermore, he taught art law at the University of Louvain. Currently he is an Honorary Professor at the Nelson Mandela University in Port Elizabeth (South Africa).

He authored several books and articles on law and art, among which [with B. Demarsin, B. Tilleman and A. Verbeke] Art & Law, Brugge – Oxford 2008, 611 pp. (to which he contributed Chapter 7: The payer determines, or does he? p. 200- 233, and Chapter 19: Great Expectations and Bitter Disappointments: a comparative legal study into problems of authenticity and mistake in the art trade, p. 556-607; Die Regeln der Kunst. Juristische Abenteuer um Kunst und Kultur [Schriften zum Kunst- und Kulturrecht 5], Mit Zeichnungen von Jet Nijkamp, Baden-Baden 2009, 188 pp. The importance of the Court of Arbitration for Art (in Dutch: Het belang van het Court of Arbitration for Art), in C.J.M. Klaassen, G.J. Meijer, C.L. Schleijpen (eds.) Going Dutch: ADR in Nederland, in het bijzonder bij het NAI [Serie Onderneming en Recht 113], Deventer 2019, p.55-86. His paper read at the AiA-conference 2018 (Wassenaar: Why are Common law and Civil law so different?) is accessible via the internet: https://authenticationinart.org/pdf/papers/difference-common-civil.pdf Forthcoming publications include a book on limitation and prescription and articles on comparative law. Professor Schrage is a frequent speaker and has published extensively on issues related to art law and business.

Eltjo’s law practice consisted mainly of sitting as a judge. After his retirement as such it has included arbitration. He was appointed to the original Arbitration pool of CAfA in January 2020.
His educational background includes the Ph D (Leiden 1975) and the LL M and B.A. degrees (Groningen 1968, resp. 1966).

Jurisdiction: Netherlands