OECD Arbitration in Tax Treaty Law

1. S. 129Introduction

This work aims to expose the main features of BEPS Action Plan 14 and the whole effort developed by the OECD to make dispute resolution mechanisms effective, efficient, and timely. It also pursues suggestions for improvement of the minimum standards and strengthens the compromise among the signatory countries.

The study begins in Section 2. with an overview of the project carried out by the OECD, focused on Action 14 and its role within the BEPS project. This section also addresses a summary of the Final Report on BEPS Action Plan 14 that was released in 2015.

Section 3. relates to the development of the Action 14 minimum standards to make dispute resolution mechanisms more effective from the Public Discussion Draft until the Final Report, passing through the impacts of public consultation for the success of this endeavour.

The analysis of the Final Report includes specific features of each minimum standard and their comparison with the rules suggested by the MEMAP and the Public Discussion Draft.

After a broader understanding on the origin and intents of the Action 14, Section 4. discusses the peer review process. First, it examines the terms of reference, which are the “tran...