{"id":3849,"date":"2026-10-19T10:07:26","date_gmt":"2026-10-19T08:07:26","guid":{"rendered":"https:\/\/fournol-associes.com\/?p=3849"},"modified":"2026-10-06T22:12:05","modified_gmt":"2026-10-06T20:12:05","slug":"obtain-evidence-france-international-art-dispute","status":"publish","type":"post","link":"https:\/\/fournol-associes.com\/en\/art-market\/obtain-evidence-france-international-art-dispute\/","title":{"rendered":"How to Obtain Evidence in France for an International Art Dispute"},"content":{"rendered":"

In an international art dispute, the decisive evidence may be in France even when the main proceedings are not. <\/strong>The artwork, technical records, correspondence, transaction documents or a relevant third party may be located in Paris or elsewhere in France. French law provides targeted mechanisms to establish or preserve evidence before a full merits action.<\/p>\n

Article 145: a distinctive pre-action evidence mechanism<\/h2>\n

The principal French tool is Article 145 of the Code of Civil Procedure<\/strong><\/a>. Where there is a legitimate reason to preserve or establish, before proceedings, evidence of facts on which the resolution of a dispute may depend, legally permissible evidentiary measures may be ordered on application.<\/p>\n

Since 1 September 2025, Article 145 also states the territorial jurisdiction rule expressly: the applicant may generally choose the court that could hear the merits or, where appropriate, the court within whose district the evidentiary measure must be carried out.<\/p>\n

For an art dispute, that can be relevant where the artwork or material requiring technical examination is physically in France.<\/p>\n

What can an Article 145 measure achieve?<\/h2>\n

The measure must be tailored to the evidence and dispute. Depending on the circumstances, it may involve a court-appointed expert, findings, preservation or production measures directed at identified evidence.<\/p>\n

Article 145 is not a substitute for general discovery. The applicant must identify a legitimate evidentiary purpose and seek a legally admissible and proportionate measure. The application therefore benefits from being designed around the future dispute rather than used as a general search for information.<\/p>\n

Artworks themselves can be evidence<\/h2>\n

In authenticity and condition disputes, the object may be the most important piece of evidence. A proposed sale, export, restoration or movement can make early preservation and examination important.<\/p>\n

A French court-appointed measure can sometimes provide a structured adversarial setting in which the object is examined, scientific analyses are discussed and parties make observations. The appropriate mechanism depends on whether proceedings have already begun and on the relief sought.<\/p>\n

Evidence for proceedings outside France<\/h2>\n

Where litigation is contemplated or pending abroad, the interaction between French evidence measures, EU jurisdiction rules and international judicial-cooperation instruments requires specific analysis. The existence of foreign proceedings does not automatically answer whether a French pre-action measure is available.<\/p>\n

Foreign counsel should therefore define the evidentiary objective precisely: preservation of the object, technical examination, access to specific documents, identification of facts, or evidence for a proceeding elsewhere. French counsel can then assess the appropriate route and jurisdiction.<\/p>\n

The adversarial principle must be built into the strategy<\/h2>\n

French procedure places strong emphasis on adversarial process. Articles 15 and 16<\/strong><\/a> require parties to have an opportunity to address the evidence and arguments relied upon. Certain measures can initially be sought without notice where the law permits and circumstances justify it, but subsequent procedural safeguards and challenge mechanisms remain important.<\/p>\n

For art-market matters, the strategy must also take confidentiality and market sensitivity into account, especially where an allegation of forgery, disputed title or expert misconduct has not yet entered the public domain.<\/p>\n

Preserve the wider evidence file at the same time<\/h2>\n

Technical examination should not overshadow documentary evidence. In parallel, parties should preserve invoices, conditions of sale, consignment documents, emails, expert opinions, provenance records, photographs and shipping records.<\/p>\n

In an ownership dispute, existing publications such as Art Provenance and Ownership Claims in France<\/strong><\/a> and What Happens When Someone Claims Ownership of an Artwork in France?<\/strong><\/a> may help identify the categories of evidence that can become material.<\/p>\n

About the author<\/h3>\n

Alexis Fournol<\/strong><\/a>, Attorney at the Paris Bar and Partner at Fournol & Associ\u00e9s, advises and represents French and international art-market professionals, collectors, experts and institutions in disputes involving art, cultural property, authenticity, ownership, customs and related criminal or regulatory issues.<\/p>\n

How Fournol & Associ\u00e9s can assist<\/h3>\n

Fournol & Associ\u00e9s advises on evidence strategy before French proceedings and in support of wider international disputes. The Firm can prepare and conduct Article 145 applications, coordinate technical and documentary evidence, and work with foreign counsel to ensure that evidence obtained in France fits the objectives of the wider litigation.<\/p>\n

Fournol & Associ\u00e9s regularly acts as French counsel within international legal teams. Foreign law firms may instruct the Firm for a defined French-law issue, for proceedings in France, or for the French component of a wider multi-jurisdictional dispute. The Firm works in English and coordinates closely with lead counsel, experts and other advisers.<\/p>\n

The Firm also assists clients in Brussels, particularly in art-market matters. Depending on the nature of the matter, we may act directly or, in contentious proceedings, work alongside Belgian counsel where appropriate or required.<\/p>\n

Related reading<\/h3>\n