The Federal Government of Germany has established a new arbitration tribunal aimed at resolving claims related to art and cultural property looted during the Nazi era. Officially commencing operations on March 26, 2025, this tribunal seeks to streamline the return of cultural assets seized during a dark period in history. It represents a significant shift from the previous framework provided by the long-standing Advisory Commission, often referred to as the Limbach Commission, which was created in 2003.
This new court introduces a unilateral appeal process, allowing either party to appeal a decision without needing the other party’s consent. Previously, an appeal could only proceed if both sides agreed. For the first time, Holocaust survivors and their legal heirs can directly initiate arbitration proceedings to reclaim artworks and other cultural assets, particularly from public collections. The tribunal is composed of 36 arbitrators, co-chaired by former European Court of Human Rights judge Elisabeth Steiner and former Saarland Minister-President and Federal Constitutional Court judge Peter Müller.
Based in Berlin, the arbitration office functions as a formal secretariat, operating under strict procedural rules designed to ensure transparency and consistency throughout the resolution process. The arbitration panels will issue binding decisions guided by a structured evaluation framework that simplifies evidentiary requirements and incorporates legal presumptions. This framework aims to expedite the resolution of long-standing restitution disputes, nearly eight decades after the end of the Second World War.
During the Nazi regime, numerous Jewish families were dispossessed of cultural property, including paintings, books, and personal belongings. In 1998, Germany, along with 43 other countries, signed the Washington Principles to address the restitution of looted art and cultural property. Since then, provenance research conducted in German museums, libraries, and archives has facilitated the return of over 7,700 artworks, 27,500 books, and thousands of archival objects. However, the Advisory Commission had a limited scope, resolving only 26 cases in over two decades.
Former Chair of the Commission, Hans-Jürgen Papier, who served in 2017 and previously held the presidency of Germany’s Federal Constitutional Court, characterized the process as an “unworthy quarrel over works of art,” highlighting the Commission’s inability to issue binding decisions.
Among the notable cases now impacted by these reforms is Pablo Picasso’s painting, which had been the subject of a prolonged struggle. After 16 years of unsuccessful attempts to recover the artwork from the Bavarian State Painting Collections, the heirs of Jewish banker Paul von Mendelssohn-Bartholdy can now pursue their claim directly against the museums, which had previously resisted such actions.
Federal and state museums, including the Bavarian State Painting Collection, the Hamburger Kunsthalle, and the Prussian Cultural Heritage Foundation, have endorsed this new system. However, as of now, fewer than 50 of Germany’s 11,000 municipalities have formally joined the initiative. Meanwhile, claims regarding other significant artworks, including Max Beckmann’s creations, remain pending before the new tribunals.
Legal experts express a range of opinions on what the tribunal’s inaugural judgments will mean for the future of Nazi-era restitution in Germany. The establishment of this tribunal signifies an important step towards addressing historical injustices and restoring cultural property to its rightful owners.
