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) If it is not possible for the competent authorities to resolve difficulties or doubts arising as to the interpretation or application of the Convention in the course of the mutual agreement procedure according to the preceding paragraphs of this Article within a time limit of two years from the date on which the procedure was initiated, the case shall be presented, upon application of all taxpayers concerned, to an arbitration court by the competent authority of the Contracting State which has initiated the mutual agreement procedure. The arbitration court shall consist of one representative of each competent authority of the Contracting States and of one independent person from each Contracting State who shall be appointed from a list of arbitrators in the order of their ranking. The arbitrators shall elect another person as chairman who must possess the qualifications required for the appointment to the highest judicial offices in his country or be a juriconsult of recognized competence. Each State shall nominate five competent persons for the list of arbitrators. The taxpayer shall be heard before the arbitration court at his request. The arbitration court shall deliver its decision not more than six months from the date on which the matter was referred to it. The decision shall be binding with regard to the individual case on both Contracting States and all taxpayers concerned.