1 Master of Laws (LL.M), White and Case International Arbitration LL.M Program, University of Miami School of Law, Miami, Florida, USA.
2 Master of Laws (LL.M), University of Lagos, Akoka, Lagos, Nigeria.
Review Article
World Journal of Advanced Research and Reviews, 2024, 23(03), 1324-1326
Received on 09 July 2024; revised on 20 August 2024; accepted on 23 August 2024
Taxation disputes sit at a unique intersection of law where the boundaries of arbitration are clearly defined. When a company challenges a tax assessment, the law unequivocally places the authority to resolve such disputes in the hands of the court. That court serves as the guardian of government revenue and corporate taxation, recognizing the critical importance of these issues to the state’s functioning. Unlike other disputes that may be resolved through arbitration—a process prized for its flexibility—taxation is so deeply intertwined with public policy that it cannot be entrusted to private decision-making.
This principle is further reinforced on a global scale, where international conventions allow countries to reject the enforcement of arbitral awards if the subject matter, like taxation, is considered non-arbitrable or if enforcing the award would conflict with public policy. This isn’t merely a legal formality; it reflects a societal decision about what issues are too fundamental to be handled outside the official judicial system. Taxation, as a cornerstone of state governance, demands resolution within the strict confines of legal authority, ensuring that it aligns with the core principles that uphold the fabric of society.
International Arbitration; Arbitrability of Tax Disputes; Taxation in International Arbitration; Alternative Dispute Resolution (ADR); Arbitration Law and Agreements; Esso v. NNPC.
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Oyeniyi Stephen Sodimu. Is the issue of tax arbitrable (Esso v. NNPC)?. World Journal of Advanced Research and Reviews, 2024, 23(3), 1324-1326. Article DOI: https://doi.org/10.30574/wjarr.2024.23.3.2529