The EU Arbitration Convention is currently used, with great
effect, to improve how treaty disputes are settled in the EU.
However, with Britain poised to leave the bloc, treaty disputes
between the UK and the EU stand to become more complex and
problematic.
Read part 1 of this 2-part series about the new UK/EU business
relationship and the issues on the horizon, or continue reading for
part 2, in which I discuss how BEPS and the Multilateral Instrument
can be used to help solve treaty disputes post-Brexit.
The Multilateral Instrument: centrepiece of the BEPS Action
Plan
On 7 June 2017, over 70 Ministers signed the so-called
"Multilateral Instrument" (MLI), which offers governments
concrete solutions for closing gaps in existing international tax
rules by transposing parts of the OECD/G20 BEPS Project into
bilateral tax treaties. It also—notably for our purposes in
this article—implements minimum standards for improving
dispute resolution mechanisms. Both
