Mandatory binding arbitration requires unresolved treaty tax disputes to proceed to final arbitration when mutual agreement fails. Mandatory binding arbitration allows a person who has presented a treaty case to competent authorities to request arbitration if competent authorities cannot resolve the case by mutual agreement within the prescribed period. The period for seeking arbitration stops while related litigation is pending or when mutual agreement is suspended, and it may be extended where a person delays providing requested information. Arbitration decisions are implemented through a mutual agreement, are final and binding on both Contracting Jurisdictions, and are subject only to limited exceptions including nonacceptance by the person or a final domestic court decision invalidating the arbitration.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Mandatory binding arbitration requires unresolved treaty tax disputes to proceed to final arbitration when mutual agreement fails.
Mandatory binding arbitration allows a person who has presented a treaty case to competent authorities to request arbitration if competent authorities cannot resolve the case by mutual agreement within the prescribed period. The period for seeking arbitration stops while related litigation is pending or when mutual agreement is suspended, and it may be extended where a person delays providing requested information. Arbitration decisions are implemented through a mutual agreement, are final and binding on both Contracting Jurisdictions, and are subject only to limited exceptions including nonacceptance by the person or a final domestic court decision invalidating the arbitration.
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