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Denmark-Canada-Australia-OECD

30 December 2020

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Danish Parliament Approves Change in MLI Reservations Regarding Arbitration

On 21 December 2020, the Danish parliament approved Bill L 69 C, which withdraws a reservation made by Denmark for the application of the BEPS MLI. In particular, the following reservation regarding arbitration is withdrawn:

Part VI (Arbitration) of the Convention shall apply to a tax case only insofar the Parties agree that:

(a) the Chair of the arbitration panel shall be a judge, and

(b) Denmark shall be permitted to publish abstracts of decisions made by the arbitration panel.

The bill will enter into force on 1 January 2021, and Denmark will need to submit a notification to the depositary for the change in reservations.

Denmark's withdrawal of the arbitration reservation follows the deposit of notifications of objection to the reservation by Australia and Canada in October 2020.

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