When Taxation Meets Arbitration: Recent Initiatives to Introduce and Promote Arbitration in International and European Taxation

• Autores: Gaëtan Zeyen
• Localización: Intertax, ISSN 0165-2826, Vol. 45, Nº. 11, 2017, págs. 722-731
• Idioma: inglés
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• Resumen

  • In a globalized world, arbitration plays an increasing role in settling international disputes. Almost all areas of Law are or might be concerned.

    Until very recently, [international] taxation was – as a rule – seen as a not ‘arbitrable-friendly’ matter. As the ‘classical’ method of settling international tax disputes – i.e. based on the so-called ‘Mutual Agreement Procedure’ (shortly, ‘MAP’) – has shown its limits (mainly: lack of efficiency and involvement from the taxpayers themselves), arbitration became a subject of study for well-known and established academics and even an appropriate method of settling such international tax issues. As a result, both on international (OECD) and European levels, legal initiatives have been taken, in order to promote arbitration as an additional tool of settling disputes in the field of international taxation. The purpose of the present article is, therefore, to describe and scrutinize these [very] recent legal initiatives and raise some potential issues that, at least in the author’s view, need to be addressed. One of these issues concerns the enforcement of such arbitral decisions