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On the other hand, other States believe that the costs associated with arbitration may be lower than expected owing to the limited number of cases that may go to arbitration and the ability to structure an efficient arbitration process and to put a cap on the compensation of arbitrators (e.g. as is sometimes done with the last-best-offer form of arbitration). (...) Within two months of the last appointment, the two appointed arbitrators shall appoint the third arbitrator, who shall act as the “Chair”. (...) However, the Model Commentaries differ in situations where there is no appointment, either by the competent authorities for the first two arbitrators or by the arbitrators for the third arbitrator.
Language:English
Score: 1205242.3 - https://www.un.org/development...%3AC.18%3A2019%3ACRP%20.18.pdf
Data Source: un
If within thirty (30) days of the request for arbitration either party has not appointed an arbitrator, or if within fifteen (15) days of the appointment of two arbitrators the third arbitrator has not been appointed, either party may request the President of the International Court of Justice to appoint an arbitrator. The procedure for the arbitration shall be fixed by the arbitrators, and the expenses of the arbitration shall be borne by the parties as assessed by the arbitrators. (...) The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim. 15.
Language:English
Score: 1184797.7 - https://unpan.un.org/sites/unp...able%20Development%20Goals.pdf
Data Source: un
The decisions of the arbitral tribunal shall be based on general principles of international commercial law. (...) The arbitral tribunal shall have no authority to award punitive damages. (...) The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim. 8.
Language:English
Score: 1125455 - https://publicadministration.u...ublications/content/terms.html
Data Source: un
That section briefly describes the structure and operation of an arbitration procedure, including how a purely domestic arbitration procedure differs from the mutual agreement procedure 6 arbitration procedure found in some bilateral income tax treaties. (...) It is also possible that quasi-judicial tribunals and arbitrators are prevented from addressing arguments related to human or procedural rights. (...) For instance, where domestic arbitration of tax cases is allowed, it will be necessary to determine whether an arbitrator has jurisdiction to determine his own jurisdiction in a specific case and whether any such decision may be subject to judicial review.
Language:English
Score: 1092011.5 - https://www.un.org/development...3/E%3AC.18%3A2019%3ACRP.17.pdf
Data Source: un
An arbitration tribunal shall consist of three arbitrators or of a sole arbitrator as agreed by the parties. (...) Arbitrators selected by the parties or appointed by the court may be arbitrators listed in the lists of arbitrators of the arbitration centres in Vietnam or may be other arbitrators. 5. (...) The replacement of an arbitrator shall be decided by the other arbitrators in the arbitration tribunal.
Language:English
Score: 1036287.3 - https://www.wto.org/english/th...c_e/vnm_e/WTACCVNM28_LEG_6.pdf
Data Source: un
UN Commentary, Article 25, paragraph 4, sets forth the pros and cons of arbitration from the perspective of developing countries The decision of each country as to whether or not to include an arbitration provision in its treaties should be based on policy and administrative considerations and its actual experience with MAP 2 2 For countries who do not wish to include mandatory arbitration in their treaties, UN Commentary, paragraph 14 provides a “voluntary” arbitration provision Under voluntary arbitration, a case can go to arbitration if BOTH CAs and the TP agree to submit the case – Since both CAs must agree to submit the case, this approach gives less assurance than mandatory arbitration that a MAP will be produced In addition, it would be possible to provide for arbitration on a case-by-case basis through a special MAP 3 “Voluntary” versus “Mandatory” Arbitration Differences between OECD and UN Arbitration articles Under the OECD provision, arbitration can begin if the case has not been resolved within two years of the presentation of the case; the UN provision uses a three year period Under the OECD provision, it is the taxpayer who can require that the case be submitted to arbitration regardless of the views of the CAs. (...) This form of arbitration limits the arbitrators to choosing between the two “last best offers” by the two CAs. The Arbitrators simply pick one or the other offer (and give no opinion or justification for the decision) The CAs can nonetheless choose to have an independent and reasoned arbitration opinion if they wish 7 “Last Best Offer” form of Arbitration Basic features of the UN Arbitration provision Terms of Reference – The CAs shall establish the Terms of Reference (“TR”) which set forth the questions to be resolved by the arbitral panel – The TR must be established within three months of the request for arbitration Selection of Arbitrators – Each CA selects an arbitrator and the two selected chose a Chair 8 5 Basic features of the UN Arbitration provision Selection of Arbitrators (cont.) – If no third arbitrator is selected within three months, the Chair of the UN Committee of Experts shall select the third arbitrator – Rules are set forth for compensation of arbitrators – Arbitrators must establish their independence and impartiality 9 Basic features of the UN Arbitration provision Procedural and Evidentiary Rules – To the extent not set forth in the Terms of Reference, procedural rules shall be adopted by the arbitrators Costs – In general, each party bears the costs of its participation • Cost of the meetings and administration are borne by the CA to whom the case was presented 10 6 Basic features of the UN Arbitration provision Independent opinion approach – If the CAs so choose, the arbitrators may reach their own decision on the case – The opinion must indicate the sources of law relied on and the reasoning of the decision – With the parties’ permission, an edited version of the opinion may be published • The published opinion has no precedential value as such but may be useful in increasing international awareness of existing practices 11 Developments with respect to Arbitration A number of bilateral treaties have some form of mandatory arbitration provision Some treaties have no current arbitration provision but require that if the treaty partner enters into a treaty with an arbitration provision, it must reopen the issue with the country In the Final Report on BEPS Action 14, 20 countries committed to mandatory binding arbitration to be developed under the proposed Multilateral Instrument.
Language:English
Score: 1035082 - https://www.un.org/esa/ffd/wp-...xTreaties_Arbitration_Ault.pdf
Data Source: un
The arbitration procedures provided for by the EU Arbitration Convention and the model arbitration provision are both mandatory. (...) How does a MAP case get into arbitration? Under the model arbitration provision, there are three requirements to trigger the arbitration procedure: 1. (...) The model arbitration provision provides for two alternative processes a general process and a streamlined arbitration process: • General arbitration process.
Language:English
Score: 1033045.8 - https://www.un.org/esa/ffd/wp-...014/10/4STM_EC18_2008_CRP6.pdf
Data Source: un
COMPOSITION OF THE ARBITRATION BODY 9. The arbitration body shall consist of three arbitrators, unless the Parties agree to a different uneven number. 10. (...) Where a Party to an arbitration is a developing country Member, the arbitration body shall, if the developing country Member so requests, include at least one arbitrator from a developing country Member. (...) A Third Party may not participate in the selection of arbitrators or in the establishment of the arbitration body's working procedures.
Language:English
Score: 1032718.6 - https://www.wto.org/english/news_e/news98_e/scm19.htm
Data Source: un
THE LAW OF ARBITRATION THE LAW OF ARBITRATION Royal Decree No. (...) An arbitrator may not be challenged from judgment save for reasons that occur or appear after filing the arbitration instrument. (...) ARTICLE 14: Where an arbitrator is appointed in place of a dismissed or a withdrawing arbitrator, the date fixed for the award shall be extended by thirty days.
Language:English
Score: 1032348.6 - https://www.wto.org/english/th...c_e/sau_e/WTACCSAU59_LEG_4.pdf
Data Source: un