OECD Arbitration in Tax Treaty Law

1. S. 427Introduction

This work aims to set out the principal institutions of the EU Arbitration Convention (“EUAC”) and the different steps in its procedure to eliminate double taxation disputes. To achieve that goal, in the following Section 2., “The EUAC and Its Code of Conduct”, first, an analysis of the history and the scope of application of the EUAC and its Code of Conduct is necessary and, second, a study of the procedure – and its different steps – and the institutions involved is required. Finally, in Section 3., “Advantages and deficiencies of the EUAC”, an examination of the practical experience during the twenty eight years of life of the EUAC according to the statistics given by EU institutions and the study of many doctrines is vital to determine, from the point of view of this author, which are the strengths and weaknesses of the EUAC.

2. The EUAC and Its Code of Conduct

2.1. History of the EUAC and its Code of Conduct

The EUAC was born as a Directive proposal by the EU Commission in 1976 with the purpose to avoid double taxation that arose from transfer pricing adjustments. Finally, on 23 July 1990, the twelve EU Member States at that time rather opted for signing a multilateral...