Improving the Arbitration Procedure under the EU Arbitration Convention (2)

Abstract:

This article analyses the functioning of the arbitration procedure under the European Union (EU) Arbitration Convention and whether improvements to this procedure are possible. This article constitutes the second part of the article of which the first part was published in issue 2015-I of EC Tax Review. Part I thereby focused on the formal aspects of the arbitration procedure, namely the establishment of the advisory commission and the process of appointment of its members, as well as the secrecy obligation and costs of the procedure. Part II of this article will analyse in more detail the functioning of the advisory commission and the content of the opinion to be rendered. The article thereby takes into account previous improvements to the arbitration procedure, as implemented by the (revised) Code of Conduct on the effective implementation of the EU Arbitration Convention, as well as current discussions within the EU Joint Transfer Pricing Forum relating hereto.