Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

News Op Members

News Op Members V.A.T. Tn the last issue we promised to give fuller information on the appeal of the A London Maritime Arbitrators Association concerning Overseas Arbitration. The ruling given by H.M. Customs and Excise is that when both parties to the dispute are overseas traders or overseas residents, the services of the Arbitrator should be zero rated. The basis of the ruling is that the service of arbitration culminates in the notification overseas of the Arbitrator's Award, so that by analogy with advisory and consultancy services (where similarly the use of the service is not in the formulation of an opinion or award but the receiving of it) it may be said that the service of Arbitration is not used in the U.K. Where one of the parties to the dispute is a U.K. resident the service of Arbitration is used in the U.K. and is not relieved under Item 6 Group 9 Schedule 4. The standard rate is therefore to be applied by taxable arbitrators. We understand that the Association, does not, at the present moment of time, intend to appeal against the second decision and we think this is a pity. We think that an argument could be made following several lines. Firstly, exports are not subject to V.A.T. But the exporter is resident in the U.K. The logic of the decision would appear to be inconsistent. Secondly, suppose two British residents appointed a foreign arbitrator. No V.A.T. would be payable, but the services would be used in the U.K. It seems to us, therefore, that there may be loopholes in the decision which could themselves demonstrate its faulty ratio. COURSE ON ARBITRATION The Institute held a residential course at Bristol University from 20th to 23rd September. The course followed the pattern of prevoius years and was well attended. Mr. B. G. Abrahams (F) the Institute's corresponding member in Rhodesia, has been elected President of the Auctioneers' Estate Agents and Valuers Institute of Rhodesia for the year 19731974. Mr. Abrahams previously held this office in 1958 and 1959. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian International Arbitration Journal Kluwer Law International

News Op Members

Asian International Arbitration Journal , Volume 40 (4): 1 – Aug 1, 1973
Download PDF
1 page

Loading next page...
 
/lp/kluwer-law-international/news-op-members-Y51c0PH80y

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Kluwer Law International
Copyright
Copyright © 1973 Kluwer Law International BV, The Netherlands
ISSN
1574-3330
Publisher site
See Article on Publisher Site

Abstract

V.A.T. Tn the last issue we promised to give fuller information on the appeal of the A London Maritime Arbitrators Association concerning Overseas Arbitration. The ruling given by H.M. Customs and Excise is that when both parties to the dispute are overseas traders or overseas residents, the services of the Arbitrator should be zero rated. The basis of the ruling is that the service of arbitration culminates in the notification overseas of the Arbitrator's Award, so that by analogy with advisory and consultancy services (where similarly the use of the service is not in the formulation of an opinion or award but the receiving of it) it may be said that the service of Arbitration is not used in the U.K. Where one of the parties to the dispute is a U.K. resident the service of Arbitration is used in the U.K. and is not relieved under Item 6 Group 9 Schedule 4. The standard rate is therefore to be applied by taxable arbitrators. We understand that the Association, does not, at the present moment of time, intend to appeal against the second decision and we think this is a pity. We think that an argument could be made following several lines. Firstly, exports are not subject to V.A.T. But the exporter is resident in the U.K. The logic of the decision would appear to be inconsistent. Secondly, suppose two British residents appointed a foreign arbitrator. No V.A.T. would be payable, but the services would be used in the U.K. It seems to us, therefore, that there may be loopholes in the decision which could themselves demonstrate its faulty ratio. COURSE ON ARBITRATION The Institute held a residential course at Bristol University from 20th to 23rd September. The course followed the pattern of prevoius years and was well attended. Mr. B. G. Abrahams (F) the Institute's corresponding member in Rhodesia, has been elected President of the Auctioneers' Estate Agents and Valuers Institute of Rhodesia for the year 19731974. Mr. Abrahams previously held this office in 1958 and 1959.

Journal

Asian International Arbitration Journal – Kluwer Law International

Published: Aug 1, 1973

There are no references for this article.