This thesis focuses on the duty of independence and impartiality for arbitrators. The starting point is unambiguous: an arbitrator should be independent and impartial. Less unambiguous is the... Show moreThis thesis focuses on the duty of independence and impartiality for arbitrators. The starting point is unambiguous: an arbitrator should be independent and impartial. Less unambiguous is the answer to the question of what this duty of arbitral independence and impartiality entails. This thesis aimed to shed light on this (general) research question.The objective of this doctoral research was twofold. On the one hand, the objective was to gain insight into the way in which the duty of arbitral independence and impartiality is interpreted judicially. To this end, it was examined how the duty is interpreted in arbitration legislation, institutional rules, and (arbitral) court rulings. On the other hand, the objective was to shed light on a number of (open) questions related to the scope of the duty. In this respect, it was examined, among other things, who exactly is subject to the duty, how the duty emerges in arbitration legislation and institutional rules, what the duty aims to achieve, the question from when and to when arbitrators must be independent and impartial, and whether the parties can waive the right to an independent and impartial arbitrator. Show less
In this thesis the subject of our investigation is the use of the first legal copy of the notarised reporting deed (“de notariële proces-verbaalakte”) as enforceable verdict in the civil... Show moreIn this thesis the subject of our investigation is the use of the first legal copy of the notarised reporting deed (“de notariële proces-verbaalakte”) as enforceable verdict in the civil proceedings before a private court (arbitration or a binding third-party ruling) under Dutch law. Show less
In this dissertation the agreement as to proceedings is the central point. By means of an agreement as to proceedings, parties diverge from procedural law. It is relevant to conduct research into... Show moreIn this dissertation the agreement as to proceedings is the central point. By means of an agreement as to proceedings, parties diverge from procedural law. It is relevant to conduct research into agreements as to proceedings, as they may contribute to a swift and efficient course of the civil proceedings. In addition, research into these agreements can result in a better insight into the question about the control over the proceedings. Who ultimately has the right to determine the course of affairs during the proceedings? Is it the parties, whose substantive rights are at issue, or is it the government, which makes the civil proceedings available? Three main questions are to be distinguished in this research. Firstly, the admissibility of agreements as to proceedings has been examined. To what extent can parties validly conclude an agreement as to proceedings? Secondly, the effect of agreements as to proceedings has been examined. What are the consequences of an agreement as to proceedings concluded by parties? Finally, it has been investigated what rules are applicable to such agreements. Show less
The research focuses on the various procedures for transfer pricing dispute resolution existing at an international level between states and taxpayers. These procedures are the advance pricing... Show moreThe research focuses on the various procedures for transfer pricing dispute resolution existing at an international level between states and taxpayers. These procedures are the advance pricing agreement procedure, the mutual agreement procedure and the arbitration procedure. The objective of the research is to determine to what extent the current transfer pricing procedures provide a fair and also sufficiently efficient and effective framework for the resolution of cross-border transfer pricing disputes. The answer to the central question will be based on an evaluation of the dispute resolution framework against the higher national and international standards of fair trial and on stocktaking research (i) into the results acquired with the procedures at national and international level, (ii) into the present national and international legal basis for its implementation, and (iii) into the changes in the procedures that were over the years introduced. Next, the study identifies the main issues in the dispute resolution framework paying equal attention to each of the transfer pricing procedures. Finally, the study offers recommendations that can solve the identified issues and that can, in particular, create a framework for the resolving cross-border transfer pricing disputes that responds better to the criteria of fairness, efficiency and effectiveness. Show less
