I. Introduction

This blog report outlines the legal proceedings and final judgment in the case of Qatar Investment and Projects Development Holding Company & Anor v. Phoenix Ancient Art SA & Ors, culminating in a decision by the England and Wales High Court (King's Bench Division) in April 2025. The case centers on allegations of fraud and misrepresentation concerning the sale of antiquities to Sheikh Hamad Bin Abdullah Al-Thani by Phoenix Ancient Art, based in New York and Geneva.

II. Background

Between 2013 and 2014 Sheikh Hamad Bin Abdullah Al-Thani, through Qatar Investment and Projects Development Holding Company (QIPCO), acquired several antiquities from Phoenix Ancient Art, including:

• A chalcedony statuette of Nike, purchased for $2.2 million.

• A marble head of Alexander the Great as Herakles, purchased for $3 million.

al Thani raised concerns in early 2018 about the authenticity of the Nike statue after receiving a report claiming that microscopic inspection detected modern machine tool markings and machine polishing inconsistent with ancient craftsmanship.

III. Legal Proceedings

• Initial Claims and Limitations: In his initial complaint filed on 22 October 2020 with the high court of London, Sheikh Hamad Bin Abdulla al Thani, represented by the lawyers Pinsent Masons, accused Phoenix Ancient Art of breach of contract and/or negligent misrepresentation on the part of the gallery as the vendor of the $2.2 million Byzantine statuette of Nike whose authenticity is disputed.  Roland Ansermet was also named in the 22 October 2020 UK lawsuit.  In their response, the defendants contested the claims, arguing also that they were time-barred under the Limitation Act 1980. The High Court initially sided with the defendants 27 July 2021 ruling that despite issues related to the Covid 19 pandemic,  the complainant had failed to serve his complaint on Phoenix Ancient Art within the reasonable time limit.  In April 2022 the UK Court of Appeal upheld this decision, emphasising procedural adherence over pandemic-related delays.

• New Action and Allegations: On 8 September 2023, Sheikh Hamad Bin Abdulla al Thani and QIPCO file a new claim, asserting fraud, fraudulent misrepresentation, and unlawful means conspiracy. The court permitted these claims to proceed, determining they were not clearly time-barred and did not constitute an abuse of process.

• Summary Judgment: On 4 June 2024, the High Court granted summary judgment in favour of QIPCO, citing Phoenix Ancient Art's failure to disclose critical documents and evidence supporting allegations of fraud and misrepresentation.

IV. Final Judgment and Remedies

On 11 April 2025, the High Court ruled in favour of Sheikh Hamad Bin Abdullah Al-Thani, issuing a summary judgment pursuant to CPR 24.3 against Phoenix Ancient Art, Ali and Hicham Aboutaam, and the retired Swiss antiques dealer, Roland Ansermet concluding that Phoenix Ancient Art had engaged in fraud, dishonesty and fraudulent misrepresentation in relation to al Thani's claim. The court imposed a worldwide asset freeze of $10 million against Phoenix Ancient Art to secure potential damages and costs.

V. Implications

This case underscores the importance of due diligence and transparency in the art and antiquities market.  It highlights the legal responsibilities of dealers to provide accurate provenance information and the potential consequences of misrepresentation. The judgment serves as a precedent for future disputes involving the authenticity of cultural property.

References

• Qatar Investment and Projects Development Holding Co & Anor v. Phoenix Ancient Art SA & Ors [2024] EWHC 1331 (KB)

• Qatar Investment and Project Development Holding Company & Anor v. Phoenix Ancient Art SA [2022] EWCA Civ 422

• "Qatari royal wins court ruling over provenance of £4m antiquities," The Times, April 2025.

ARCA summers are pretty busy as each year.  Since 2009, the Association has hosted its multi-course Postgraduate Certificate Program in Art Crime and Cultural heritage which often means posting new developments in the art and antiquities crime sphere slow while we turn our attention towards trainees.  Now that the 13th edition of this annual PG Cert has concluded, we can take time to reflect on some of the summer's more interesting art and antiquities stories, two which involve the ancient art gallery, Phoenix Ancient Art.

More pieces, More Accusations

Back on the 15th of May, Gotham City, a French-speaking Swiss news website that focuses on white-collar crime reported that Ali Aboutaam, the Geneva-based ancient art dealer was again in hot water with the public prosecutor's office.  Despite his previous conviction in January 2023, where he received an 18-month suspended prison sentence,  Ali Aboutaam is again the focus of a new Swiss investigation.

According to the Geneva public prosecutor's office, Ali is alleged to have possessed two suspect alabaster (brucite) statues, representing a man and a woman, while, according to Gotham's reporting, he “knew that these cultural properties had been illicitly acquired during illegal excavations in Yemen”.  Assessed by art historians, at least one of the small statues is believed to come from an area located in the southern Yemeni plateau known for the immense Himyarite Kingdom .  The area is home to a large necropolis, Shuka, which dates to the 1st-3rd centuries CE and has been the focus of looting in varying periods.

Dat-Hamin Stele

In their research to prepare for their upcoming auction, Sotheby's staff discovered that the stele had been photographed and documented as a part of the Aden Museum's collection in Yemen.  The artefact had been looted in July 1994 during what is referred to as the Summer War, a civil war fought between the two Yemeni forces of the pro-union northern and the socialist separatist southern Yemeni states and their various supporters.  Relinquished by the dealers, U.S. Immigration and Customs Enforcement (ICE) ultimately seized the stele in September 2003, and the stela was officially signed over to the Yemeni ambassador in December 2004.

Following that civil war, Yemen implemented wider legal protections for its cultural heritage, although instability resulting from the present-day civil war continues to make enforcement difficult.  Law Number 21 of 1994 on Antiquities, as amended by Law Number 8 of 1997, is the primary law governing ancient sites and objects in the country.  

This law defines Yemen's “archaeological” materials; vests their ownership in the State, and controls their protection, conservation, restoration, and study.  It addresses aspects of ownership, permissions and obligations for archaeological work, introduces penalties for the illegal trade, and sets duties and guidelines on how to deal with discovered and excavated objects.  

As such, it will be interesting to evaluate what documents Phoenix possesses in support of their circulation of these two objects in Switzerland, which are presently of interest to that country's public prosecutor. 

Moving on to Taxes...

On 18 July 2024 Switzerland's Bundesgericht, the country's Federal Supreme Court in Lucerne issued several ruling impacting Ali Aboutaam.  Judgments 9C_107, 9C_184, 9C_187 and 203/2023 of 18 July 2024, issued by Federal Judges Thomas Stadelmann as the Presiding Judge, along with Judges Margit Moser-Szeless and Michael Beusch, rejected a series of complex appeals, made through the art dealer's attorneys, concerning outstanding tax assessments in relation to the importation of a group of antiquities, some housed outside the gallery and outside the Ports Francs et Entrepôts de Genève. 

In rejecting Aboutaam's appeals, the higher court's final rulings reaffirms that the Swiss-based brother has to pay approximately 3.5 million Swiss francs ($4,125,444.82) in outstanding value-added tax (VAT), as assessed by the Bundesamt für Zoll und Grenzsicherheit (Federal Customs Administration) and largely affirmed by the Federal Administrative Court.  Ali was also ordered to pay late interest payments totalling approximately 900,000 Swiss francs (another $1,060,995.36).

In November 2021, Aboutaam had originally handed a SFr 1.6m fine via Swiss customs, including the costs of the proceedings.  The tax authorities came after the antiquities dealer in that instance after Phoenix Ancient Art imported 37 million Swiss francs worth of antiquities into Switzerland between 2010 and 2017, but without paying the applicable VAT.