ARTICLE 25
MUTUAL AGREEMENT PROCEDURE
1. Where a person considers that the actions of one or both of the Contracting
States result or will result for him in taxation not in accordance with the provisions of
this Convention, he may, irrespective of the remedies provided by the domestic law of
those States, present his case to the competent authority of the Contracting State of
which he is a resident or, if his case comes under paragraph 1 of Article 24, to that of
the Contracting State of which he is a national. The case must be presented within
three years from the first notification of the action resulting in taxation not in
accordance with the provisions of the Convention.
2. The competent authority shall endeavour, if the objection appears to it to be
justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case
by mutual agreement with the competent authority of the other Contracting State,
with a view to the avoidance of taxation which is not in accordance with the
Convention. Any agreement reached shall be implemented notwithstanding any time
limits in the domestic law of the Contracting States.
3. The competent authorities of the Contracting States shall endeavour to resolve
by mutual agreement any difficulties or doubts arising as to the interpretation or
application of the Convention. They may also consult together for the elimination of
double taxation in cases not provided for in the Convention.
4. The competent authorities of the Contracting States may communicate with
each other directly, including through a joint commission consisting of themselves or
their representatives, for the purpose of reaching an agreement in the sense of the
preceding paragraphs.
5. Where,
a) under paragraph 1, a person has presented a case to the competent authority of
a Contracting State on the basis that the actions of one or both of the Contracting
States have resulted for that person in taxation not in accordance with the
provisions of this Convention, and
b) the competent authorities are unable to reach an agreement to resolve that case
pursuant to paragraph 2 within two years from the presentation of the case to
the competent authority of the other Contracting State,
any unresolved issues arising from the case shall be submitted to arbitration if the
person so requests. These unresolved issues shall not, however, be submitted to
arbitration if a decision on these issues has already been rendered by a court or
administrative tribunal of either State. Unless a person directly affected by the case
does not accept the mutual agreement that implements the arbitration decision, that
decision shall be binding on both Contracting States and shall be implemented
notwithstanding any time limits in the domestic laws of these States. The competent
authorities of the Contracting States shall by mutual agreement settle the mode of
application of this paragraph.1
1 In some States, national law, policy or administrative considerations may not allow or
justify the type of dispute resolution envisaged under this paragraph. In addition, some
States may only wish to include this paragraph in treaties with certain States. For these
reasons, the paragraph should only be included in the Convention where each State
concludes that it would be appropriate to do so based on the factors described in
paragraph 65 of the Commentary on the paragraph. As mentioned in paragraph 74 of that
Commentary, however, other States may be able to agree to remove from the paragraph
the condition that issues may not be submitted to arbitration if a decision on these issues
has already been rendered by one of their courts or administrative tribunals.