Mandatory Binding Arbitration – Economic Evaluation of an International Norm

Year: 2026
Type: Journal Publication
Journal: International Transfer Pricing Journal
Open Science:

Abstract

 

Dispute resolution has gained prominence in international taxation responding to a growing risk of tax disputes driven by four factors: (i) increased international mobility of the tax base (ii) non-OECD members challenging existing tax allocations, (iii) stronger formalization of the arm’s length principle and (iv) expansion of anti-avoidance rules. Despite business preferences for greater certainty, relatively few countries have committed to mandatory binding arbitration. This article’s goal is threefold: identifying multinationals’ cost-benefit calculus for initiating international dispute resolution, examining countries’ incentives to (not) support efficient arbitration procedures and discussing binding arbitration in the context of alternative cross-border profit allocation rules.

 

Participating Institutions

TRR 266‘s main locations are Paderborn University (Coordinating University), HU Berlin, and University of Mannheim. All three locations have been centers for accounting and tax research for many years. They are joined by researchers from LMU Munich, Frankfurt School of Finance and Management, Goethe University Frankfurt, University of Cologne, Leibniz University Hannover and TU Darmstadt who share the same research agenda.

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