Traduction de «convention d'arbitrage postérieure au litige » (Français → Anglais) :

38. Welcomes the entry into force of the arbitration agreement between Croatia and Slovenia on the border issue on 29 November 2010; considers that solving the long-lasting border dispute between the neighbouring countries is an important signal for the entire region to foster the culture of dialogue and compromise; recalls the provisions of Article 10 of the arbitration agreement according to which both parties should refrain from any action or statement which might intensify the dispute or jeopardise the work of the arbitral tribunal;

Member States are recommended to take all necessary measures to ensure that the suspension of tax collection during cross-border dispute resolution procedures under the Arbitration Convention can be obtained by enterprises engaged in such procedures, under the same conditions as those engaged in a domestic appeals/litigation procedure although these measures may imply legislative changes in some Member States.

Arbitration clauses - which provide for the designation of an arbitrator or an arbitration board rather than a court in the event of a dispute - and choice of forum clauses - i.e. clauses designating the court having jurisdiction in the event of a dispute - are excluded from the scope of the Convention.

Whereas in accordance with Article 6 of the European Human Rights Convention, access to the courts is a fundamental right that knows no exceptions; whereas since Community law guarantees free movement of goods and services in the common market, it is a corollary of those freedoms that operators, including consumers, must be able, in order to resolve any disputes arising from their economic activities, to bring actions in the courts of a Member State in the same way as nationals of that State; whereas out-of-court procedures cannot be designed to replace court procedures; whereas, therefore, use of the out-of-court alternative may not ...[+++]deprive consumers of their right to bring the matter before the courts unless they expressly agree to do so, in full awareness of the facts and only after the dispute has materialised;

The Arbitration Convention establishes legal framework for the elimination of double taxation in connection with the adjustment of profits of associated enterprises by setting out, inter alia, an arbitration procedure that allows companies to ask for a review of the adjustment of profits of associated enterprises and dispute resolution mechanisms where double taxation occurs between enterprises of different Member States.

(22) The Arbitration Agreement lays down the procedure to be followed in case of disputes between the members.