The verdict. In its decision of 14th December 2016, the District Court found in favour of Ukraine and held the following: · the loan agreement between the Crimean Museums and the AP Museum is dissolved; · the AP Museum shall transfer the loaned objects to the National Historical Museum of Ukraine in Kiev in its capacity as custodian of the Crimean objects designated by the Ukrainian State; · pending an appeal, the artefacts shall remain in storage at the AP Museum; · Ukraine shall pay storage and insurance costs to the AP Museum.50 As noted above, in January 2017, the Crimean Museums lodged an appeal.51 4 Discussion of alternative approaches The outcome of the case confirms the view that the system of the 1970 UNESCO Convention for cross-border return claims is an interstate affair, with a focus on the protection of national interests. Might there have been other approaches?
The verdict. Most high-low agreements are entered to eliminate the risk of an extreme verdict, and to end the litigation. In light of these goals, parties are well served to include a provision that resolves litigation in the event that there is no verdict. This can result from a mistrial, a nonsuit or a hung jury. Of course, the parties can provide that, if there is no verdict, there is no high-low agreement. Indeed, if the parties do not address the issue, it is implied as a high-low is impossible to enforce without a verdict absent a specific provision providing for resolution in the event of a hung jury or mistrial. Some parties enter into high-lows because they are convinced that they will reap the better of the bargain. But if the case “turns south,” either during trial or as evidenced by the verdict, can a party take steps to avoid the high-low? Can a plaintiff nonsuit? Can either party move for a mistrial or for a new trial? Can a party intentionally “draw the foul” to cause a mistrial? As all but the last of these legal maneuvers are perfectly legitimate, is there anything to prohibit a party from taking advantage of them? The answer likely depends on whether there is a jury verdict.
