Mediating Power in Cross-Border Tax Dispute Resolution

Petra Hietanen-Kunwald*, Moritz Scherleitner

*Corresponding author for this work

Research output: Contribution to journalArticleScientificpeer-review

Abstract

In tax literature, mediation is often considered as an effective instrument for addressing two major problems that exist in international tax dispute resolution, specifically, states’ concerns regarding the preservation of their sovereignty and the insufficient involvement of taxpayers. While mediation can provide for a participation of all parties in the dispute resolution process, the parties’ ability to elaborate a solution in accordance with their own interests may be impaired due to an unequal distribution of negotiation power between the parties. Based on the authors’ experience in international tax law as well as civil and commercial mediation, this article discusses power relations in and their impact on mediation in tax-disputes.
Original languageEnglish
Pages (from-to)13-33
JournalLiikejuridiikka
Volume2023
Issue number1
Publication statusPublished - Jan 2023
MoE publication typeA1 Journal article-refereed

Keywords

  • dispute resolution
  • international tax disputes
  • mediation
  • power
  • International taxation

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