Baseball arbitration option under the EU Dispute Resolution Directive electrónico how well does it fare against the objectives? Ashrita Prasad Kotha
By: Kotha, Ashrita Prasad
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Material type: 
ArticlePublisher: 2021Subject(s): IMPUESTOS | RESOLUCIONES EXTRAJUDICIALES DE CONFLICTOS | UNION EUROPEA | LEGISLACION COMUNITARIA
In:
World Tax Journal v. 13, n. 2, 2021, 19 p. Summary: This article tests the baseball arbitration option that may be adopted by an ad hoc alternative dispute resolution commission (ADRC) against the two overarching goals of the EU Council Directive on Dispute Resolution (2017/1852): establishing an effective and efficient dispute resolution framework and securing a fair trial. The article identifies four specific concerns that undermine the first goal and attempts to provide solutions. To comment on the second goal, it is assessed whether the ADRC is a court or tribunal based on the latest case law. While analysis shows that an ad hoc ADRC is not a tribunal, the author argues that fears regarding lack of independence are not as well founded. Notwithstanding the conclusion, as the goal of a fair trial is an affirmation of the right to good administration that is a general principle of EU law, the article provides suggestions to help achieve this goal.
| Item type | Current location | Home library | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|---|
| Recursos electrónicos | IEF | IEF | WTJ/2021/2-5 (Browse shelf) | Available | WTJ/2021/2-5 |
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Disponible únicamente en formato electrónico.
Resumen.
This article tests the baseball arbitration option that may be adopted by an ad hoc alternative dispute resolution commission (ADRC) against the two overarching goals of the EU Council Directive on Dispute Resolution (2017/1852): establishing an effective and efficient dispute resolution framework and securing a fair trial. The article identifies four specific concerns that undermine the first goal and attempts to provide solutions. To comment on the second goal, it is assessed whether the ADRC is a court or tribunal based on the latest case law. While analysis shows that an ad hoc ADRC is not a tribunal, the author argues that fears regarding lack of independence are not as well founded. Notwithstanding the conclusion, as the goal of a fair trial is an affirmation of the right to good administration that is a general principle of EU law, the article provides suggestions to help achieve this goal.
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