ESSENTIAL ELEMENTS OF TAXATION – INVESTMENT PROTECTION AND DISPUTE SETTLEMENT
When matters of investment and international operations are intertwined with elements of taxation, thorny issues tend to present themselves at the practitioner’s doorstep. Investment arbitration is sufficiently complex by itself, as are international tax arbitration cases. The reciprocal impact and...
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| Materiálatiipa: | Online |
| Giella: | eaŋgalasgiella |
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Edward Elgar Publishing
2021
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| Fáttát: | |
| Liŋkkat: | https://directory.doabooks.org/handle/20.500.12854/64187 |
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| _version_ | 1869519414475358208 |
|---|---|
| author | Castagna, Stefano |
| author_browse | Castagna, Stefano |
| author_facet | Castagna, Stefano |
| author_sort | Castagna, Stefano |
| collection | Directory of Open Access Books |
| description | When matters of investment and international operations are intertwined with elements of taxation, thorny issues tend to present themselves at the practitioner’s doorstep. Investment arbitration is sufficiently complex by itself, as are international tax arbitration cases. The reciprocal impact and potential interactions between international investment arbitration and international taxation is a topic where one must humbly1 acknowledge that there will never be a hard drive large enough to store all solutions to all issues that might arise.2 It might be difficult even for the best practitioner to anticipate how the tax liability in relation to the damages awarded to a claimant by an investment tribunal will be treated by the jurisdictions involved, or how a tax administration will address the taxation of a given operation between multiple related entities. One should therefore be particularly careful in managing risk. On the other hand, investment tribunals have struggled to juggle maintaining equilibrium between the rights of claimants and respondents in various instances, including tax audits and indirect expropriation cases. It is striking, however, that only in the recent past has academia begun to recognize the importance of knowing the main aspects of and interplay between taxation and investment arbitration. Relevant sums of money are at stake when
taxation issues are argued in investment cases, and there is much that the dispute settlement regimes of both specialties of law may benefit from considering the best practices adopted by the other. This chapter will focus first on providing an introduction to the most relevant issues that could
arise in relation to tax and international investment, giving particular weight to investment protection standards. It will then turn to consider international tax dispute resolution, and thirdly how the particular characteristics of this latter regime may be helpful in the context of the international investment arena. |
| format | Online |
| id | doab-20.500.12854ir-64187 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Edward Elgar Publishing |
| publisherStr | Edward Elgar Publishing |
| record_format | ojs |
| spelling | doab-20.500.12854ir-641872022-02-11T15:10:25Z ESSENTIAL ELEMENTS OF TAXATION – INVESTMENT PROTECTION AND DISPUTE SETTLEMENT Castagna, Stefano International Investment Arbitration International Commercial Arbitration EU Law Intra-EU Investment Law Intra EU BITS Investment Court System lbht lnac5 lbbm3 When matters of investment and international operations are intertwined with elements of taxation, thorny issues tend to present themselves at the practitioner’s doorstep. Investment arbitration is sufficiently complex by itself, as are international tax arbitration cases. The reciprocal impact and potential interactions between international investment arbitration and international taxation is a topic where one must humbly1 acknowledge that there will never be a hard drive large enough to store all solutions to all issues that might arise.2 It might be difficult even for the best practitioner to anticipate how the tax liability in relation to the damages awarded to a claimant by an investment tribunal will be treated by the jurisdictions involved, or how a tax administration will address the taxation of a given operation between multiple related entities. One should therefore be particularly careful in managing risk. On the other hand, investment tribunals have struggled to juggle maintaining equilibrium between the rights of claimants and respondents in various instances, including tax audits and indirect expropriation cases. It is striking, however, that only in the recent past has academia begun to recognize the importance of knowing the main aspects of and interplay between taxation and investment arbitration. Relevant sums of money are at stake when taxation issues are argued in investment cases, and there is much that the dispute settlement regimes of both specialties of law may benefit from considering the best practices adopted by the other. This chapter will focus first on providing an introduction to the most relevant issues that could arise in relation to tax and international investment, giving particular weight to investment protection standards. It will then turn to consider international tax dispute resolution, and thirdly how the particular characteristics of this latter regime may be helpful in the context of the international investment arena. Published 2021-03-22T10:42:46Z 2021-03-22T10:42:46Z 2021-03-18 chapter 9781788973991 9781788974004 https://directory.doabooks.org/handle/20.500.12854/64187 eng Elgar Arbitration Law and Practice series application/pdf Attribution-NonCommercial-NoDerivatives 4.0 International https://www.e-elgar.com/shop/usd/international-arbitration-and-eu-law-9781788973991.html https://www.elgaronline.com/view/edcoll/9781788973991/9781788973991.00030.xml Edward Elgar Publishing 10.4337/9781788974004.00030 10.4337/9781788974004.00030 01ceac28-75b4-492a-8eec-f9b98bc6b28c 9781788973991 9781788974004 23 Cheltenham, Gloucestershire, UK and Northampton MA, USA open access |
| spellingShingle | International Investment Arbitration International Commercial Arbitration EU Law Intra-EU Investment Law Intra EU BITS Investment Court System lbht lnac5 lbbm3 Castagna, Stefano ESSENTIAL ELEMENTS OF TAXATION – INVESTMENT PROTECTION AND DISPUTE SETTLEMENT |
| title | ESSENTIAL ELEMENTS OF TAXATION – INVESTMENT PROTECTION AND DISPUTE SETTLEMENT |
| title_full | ESSENTIAL ELEMENTS OF TAXATION – INVESTMENT PROTECTION AND DISPUTE SETTLEMENT |
| title_fullStr | ESSENTIAL ELEMENTS OF TAXATION – INVESTMENT PROTECTION AND DISPUTE SETTLEMENT |
| title_full_unstemmed | ESSENTIAL ELEMENTS OF TAXATION – INVESTMENT PROTECTION AND DISPUTE SETTLEMENT |
| title_short | ESSENTIAL ELEMENTS OF TAXATION – INVESTMENT PROTECTION AND DISPUTE SETTLEMENT |
| title_sort | essential elements of taxation investment protection and dispute settlement |
| topic | International Investment Arbitration International Commercial Arbitration EU Law Intra-EU Investment Law Intra EU BITS Investment Court System lbht lnac5 lbbm3 |
| topic_facet | International Investment Arbitration International Commercial Arbitration EU Law Intra-EU Investment Law Intra EU BITS Investment Court System lbht lnac5 lbbm3 |
| url | https://directory.doabooks.org/handle/20.500.12854/64187 |
| work_keys_str_mv | AT castagnastefano essentialelementsoftaxationinvestmentprotectionanddisputesettlement |