scholarly journals TAX TREATY ARBITRATION

2018 ◽  
pp. 21-36
Author(s):  
DANIL VINNITSKIY ◽  
ANDREY SAVITSKIY ◽  
EVGENIY PUSTOVALOV
Keyword(s):  
Research Methods ◽  
Legal Regulation ◽  
International Arbitration ◽  
Double Taxation ◽  
Functional Interpretation ◽  
Cross Border ◽  
The Cross ◽  
International Tax ◽  
Tax Arbitration ◽  
Mutual Agreement

Introduction: this article reviews the cross-border tax disputes resolution practice in Russia and evaluates the prospects for the development of new mechanisms for the resolution of tax disputes arising from cross-border relations, including tax arbitration. In recent years, the development of international instruments for eliminating double taxation and resolving tax disputes within OECD and G20 multilateral formats as well as bilateral agreements on avoidance of double taxation have led to the growing interest in this paper’s topic. The purpose of this paper is to determine / identify an optimal mechanism for the cross-border tax disputes resolution in Russia, taking into account the current domestic legal regulation and international commitments in the field of cross-border taxation. Methods: given the nature of this research, we have used the general scientific and individual scientific research methods. We have also used legal research methods such as comparative legal and formal legal methods, logical, systemic, and functional interpretation. The recent academic literature on the particular aspects of this research has been investigated too. Analysis: the practice in the application of international tax agreements in Russia demonstrates that the cross-border tax disputes are mainly resolved within the framework of domestic judicial procedures. Mutual agreement procedures and tax arbitration are not common mechanisms for resolving cross-border tax disputes in Russia. Meanwhile, the international investment disputes affecting particular aspects of taxation are often dealt through international arbitration institutions. Results: as a part of the commitments made under the Multilateral Instrument (MLI), Russian Federation considers arbitration and mutual agreement procedures only as possible alternative ways to settle cross-border tax disputes arising from international tax agreements. Based on the well-known cross-border tax disputes resolution practice, we conclude that none of the states could completely isolate itself from the international arbitration procedures in the current circumstances. This is true even if such state did not include the arbitration clause in its tax agreements and did not make the commitments on tax arbitration under the Multilateral Instrument (MLI).

Resolving double taxation in a global environment – when might it impact on deal value? Consideration of the availability of mutual agreement procedures and arbitration

2018 ◽  
Vol 58 (2) ◽  
pp. 501
Author(s):  
Sarah Blakelock ◽  
George Hempenstall
Keyword(s):  
Oil And Gas ◽  
Transfer Pricing ◽  
Global Environment ◽  
Risk And Uncertainty ◽  
Double Taxation ◽  
Tax Base ◽  
It Impact ◽  
International Tax ◽  
Mutual Agreement

Multinationals are under increasing scrutiny by revenue authorities across the globe. The heightened risk of tax audits, transfer pricing adjustments and the potential for double taxation mean that it is more important than ever for multinationals to consider what strategies are available to resolve international tax disputes. Inherent tax risk and uncertainty creates unique challenges for oil and gas multinationals as it can impact on deal value where double taxation arises. This is because countries are increasingly behaving like companies – competing to preserve and defend their tax base. With the Organisation for Economic Co-operation and Development’s (OECD’s) Multilateral Instrument pending ratification by the Australian Parliament, this paper considers the availability and practical use of the mutual agreement procedure (MAP) for the resolution of double taxation. Additionally, the paper provides an overview of which jurisdictions have opted to adopt arbitration as a mechanism to resolve double taxation disputes where the MAP has failed.

scholarly journals The problems of cross-border personal bankruptcy in russian and chinese legislation and practice

2017 ◽  
Vol 1 (3) ◽  
pp. 160-167
Author(s):  
Tatiana Kareva ◽  
Vadim Sonin
Keyword(s):  
Legal Regulation ◽  
Federal Law ◽  
Personal Bankruptcy ◽  
Methodological Basis ◽  
Russian Territory ◽  
Cross Border ◽  
Scope Of Application ◽  
Bankruptcy Procedure ◽  
The Subject ◽  
The Cross

The subject of the article is the legal and practical problems of cross-border personal bankruptcyin Russia and China.The main goal of this work is to analyze the major issues and obstacles in recognition andenforcement of Russian individual bankruptcy decisions in China and introduce it to Russianscholars and legal professionals.The methodological basis is analysis of the Russian and Chinese legislation, judicial practiceand special literatureThe results, scope of application. This article discusses the possibility of applying the provisionsof the Federal Law On Insolvency (Bankruptcy) to the Chinese nationals registered asindividual entrepreneurs in Russia. The article also reviews the Chinese legal regulation andoffers recommendations on execution of the court judgments on bankruptcy and collectionof debts from the PRC nationals. Existing Russian legislation allows to recognize the foreignnationals as bankrupts. The provisions on the cross-border insolvency also apply to them.The bankruptcy in China is not applied currently to the individuals, although theoretically itmay affect their property sphere during the bankruptcy of an individual private enterprise.Conclusions. The cross-border insolvency of the Chinese nationals encounters obstacles on threelevels. Firstly, the awards of the Russian arbitration courts have not been practically enforced inPRC due to inadequate notification of the Chinese party in the case. Secondly, Chinese courts inprinciple are extremely reluctant in recognizing foreign judgments on bankruptcy, such cases areexceptional. Thirdly, there is no personal bankruptcy institution in the PRC, while similar procedureslike bankruptcy of individual private enterprises are not applied in reality, and there are nolegislative prospects for the personal bankruptcy in the nearest future. Therefore, when conductingthe bankruptcy procedure for the Chinese nationals on the Russian territory, one can onlycount on their property located on this side of the border.

Smart Cities

2018 ◽  
Vol 7 (2) ◽  
pp. 70-88
Author(s):  
Ralf-Martin Soe
Keyword(s):  
Operating System ◽  
Smart City ◽  
Smart Cities ◽  
New Model ◽  
European Cities ◽  
Cross Border ◽  
Northern European ◽  
Digital Services ◽  
The Cross ◽  
Mutual Agreement

This paper introduces a new dimension to conceptualising smart cities – a cross-border approach for heterogeneous cities. There is a mutual agreement between smart city scholars that cities are smart when they reduce silos and enable better flow of data between city functions and services. This paper focuses on the cross-border aspect of smart cities and claims that ICT in cities do not automatically lead to ubiquitous services across the cities. This can even lead to more fragmentation compared to pre-ICT area. A new model for joint digital services in the cross-border cities – the Urban Operating System – is proposed and will be evaluated in context of two Northern European cities with high commuting frequency: Helsinki and Tallinn.

scholarly journals INTERPRETATION OF THE CONCEPT «TRANSBOUNDARY» FROM THE SCIENTIFIC VIEWPOINT

2020 ◽  
pp. 182-190
Author(s):  
Надежда Константиновна Савельева
Keyword(s):  
Legal Regulation ◽  
Cross Border ◽  
The Cross

Объектом исследования являются этимология и эволюционирование понятия «трансграничность». Целью исследования является изучение различных трактовок понятия «трансграничность» в зависимости от областей науки. В процессе анализа удалось выявить неразрывную связь трансграничности с возможностью осуществлять социально-экономические, политические и территориальные связи. В соответствии с этим возникла задача в определении её сущности. Научная новизна полученных результатов заключается в разработке авторского подхода к структуре трансграничного рынка, которая позволяет выделить основные структурные единицы трансграничного рынка, в результате чего в экономическом и правовом регулировании трансграничной конкуренции на рынках сформулирован ряд проблемных вопросов относительно трансграничных рынков и их регулирования. The study investigates the etymology and evolution of the of «cross-border» concept. The purpose of the work is to analyze various interpretations of the «cross-border» concept based on the fields of science. The author identifies the inextricable link of cross-borderness and the ability to carry out socio-economic, political and territorial ties. The aim of the study is to identify the main patterns in the development of the concept of competition and characteristics. As a result, a number of problematic questions have been formulated in the economic and legal regulation of competition in cross-border markets.

scholarly journals The Resolution of Tax Disputes and International Tax Arbitration

2020 ◽  
Vol 5 (1) ◽  
Author(s):  
Benja Anglès Juanpere
Keyword(s):  
Tax Avoidance ◽  
International Level ◽  
Double Taxation ◽  
Multilateral Agreements ◽  
International Tax ◽  
Tax Payments ◽  
International Transactions ◽  
Tax Arbitration ◽  
Bilateral Treaties ◽  
The Eu

Globalisation and the digital economy have revolutionised the world’s markets and international transactions, some of which manage to escape national jurisdictions and bilateral treaties between States. With the lack of multilateral agreements, certain taxpayers, multinationals in particular, have managed to slip through the net of individual countries’ tax regulations and been able to reduce their tax payments. To resolve tax disputes between taxpayers and States, with the chief goals of avoiding double taxation and not being subject to any tax jurisdiction, a number of multilateral measures have been instituted, including—amongst other mechanisms—binding international tax arbitration proceedings. The OECD and the EU are fostering the implementation of such measures, whose goal is to prevent tax avoidance and achieve a fair spread of tax burdens on an international level.

scholarly journals A Note on Resolution of Tax Disputes Arising from DTTs and Implications for Developing Countries

2019 ◽  
Vol 13 (3) ◽  
pp. 495-514
Author(s):  
Aschalew Ashagre Byness
Keyword(s):  
Developing Countries ◽  
Dispute Resolution ◽  
Vantage Point ◽  
International Taxation ◽  
Double Taxation ◽  
Cross Border ◽  
Compulsory Arbitration ◽  
Dispute Resolution Mechanism ◽  
Key Terms ◽  
Mutual Agreement

Countries sign bilateral double tax treaties (DTTs) to avoid or mitigate double taxation in cross border economic activity. It is hardly possible to ignore the effect of double taxation in the era of globalization. DTTs are signed between two countries to allocate tax jurisdiction between them and to avoid tax disputes between the taxpayer and the country concerned. Nonetheless, tax disputes crop up since such treaties may be open to interpretation at the time of implementation. Hence, DTTs contain tax dispute resolution mechanism. The widely recognized dispute resolution mechanisms are the mutual agreement procedure (MAP) –a kind of negotiation between the two contracting states– and compulsory arbitration. However, the aptness and efficacy of these tax dispute resolution mechanisms have been seriously questioned particularly from the vantage point of developing countries such as Ethiopia. Although Ethiopia has signed several DTTs with a view to attracting FDI, no study has been made which sheds some light on the essence and operation of the MAP in the DTTs. This note aims at exploring the tax dispute resolution mechanisms incorporated in DTTs since such mechanisms have implication for developing countries including Ethiopia. Key terms Globalization, International taxation, Double taxation, Mutual agreement procedure, Compulsory arbitration

scholarly journals Collisional legal regulation of the responsibility of the controlling debtor in respect of cross-border insolvency

2021 ◽  
pp. 212-218
Author(s):  
S. E. Bibikov
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Entity ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
Foreign Experience ◽  
Cross Border ◽  
The Cross ◽  
Conflict Of Law

This study highlights the problem of establishing the applicable law for cross-border insolvency relations of a legal entity. The author examines various approaches to the choice of the applicable law to the liability of controlling persons, provides foreign experience and reveals the main trends in resolving conflict issues. It is noted that the lack of legal regulation of cross-border insolvency relations, including conflict of laws rules, does not allow creditors to fully recover losses from controlling persons whose assets are in foreign jurisdiction. In order to eliminate contradictions in practice, it is proposed to consolidate in civil legislation an independent conflict of laws rule on the liability of controlling persons in relations of cross-border insolvency of a legal entity. It is concluded that the conflict-of-law choice of the applicable law to disputed legal relations directly depends on the jurisdiction of the state in which the proceedings on the cross-border insolvency of a legal entity are initiated.

Mandatory binding tax arbitration—is this a pathway to a more efficient Mutual Agreement Procedure?

2015 ◽  
Vol 35 (2) ◽  
pp. 149-170 ◽  
Author(s):  
Michelle Markham
Keyword(s):  
Dispute Resolution ◽  
Economic Cooperation ◽  
Effective Mechanism ◽  
Time Limits ◽  
Recent Developments ◽  
International Tax ◽  
Tax Arbitration ◽  
Best Offer ◽  
Mutual Agreement

Abstract The Organisation for Economic Cooperation and Development (OECD) has recently been exploring ways to improve dispute resolution mechanisms in the realm of international tax, notably through the use of binding mandatory arbitration as part of the Mutual Agreement Procedure (MAP) Article in Double Tax Agreements. This article seeks to examine whether binding mandatory arbitration would provide an effective mechanism for resolving international tax disputes. It investigates policy concerns with mandatory arbitration, especially sovereignty issues, access to mandatory arbitration and its scope, as well as the interface between MAP arbitration and domestic remedies. The possibility of deferring time limits on arbitration, the appropriateness of the ‘last-best-offer’ or baseball arbitration approach versus the ‘independent opinion’ approach and contentious issues surrounding the appointment of arbitrators will be considered, along with recent developments in arbitration processes. ‘Arbitration of taxation disputes is attractive and effective, presenting significant advantages to businesses and governments… Arbitration always reaches a conclusion, provides for impartial determinations with proper taxpayer participation and applies law rather than expediency. The process is orderly, predictable and transparent.’ 1

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