Bifurcation: E-Chapter from ICC Dispute Resolution Bulletin Procedural Decisions in ICC Arbitration

No. @BUL25-0-3

ISBN : 978-92-842-0330-7

The full Bulletin contains extracts from awards and procedural orders rendered in ICC cases, commentaries on these case decisions, statistics, reports, and articles on ICC practices and procedures. 

Take a look at the related Bulletin Procedural Decisions in ICC Arbitration E-Chapters:

  • Recourse to experts
  • Privilege as a Defence against Document Disclosure
  • New Claims
  • Multi-Tiered Dispute Resolution
  • Interim Relief
  • Security for costs
  • Anti-Suit/Anti-Arbitration Injunctions
Code ISBN : 978-92-842-0330-7
Number of pages : 17
Publishing date : 2015
Language : English
Format in cm : N/A

ICC Case 14338

Date of procedural order: March 2008

Origins of parties: Europe

Place of arbitration: Paris, France

ICC Rules of Arbitration: 1998

Summary of issues:

  • arbitrator’s power to order bifurcation under the 1998 ICC Arbitration Rules and applicable national law
  • relevance of Articles 15(2) and 20(1) of the 1998 ICC Arbitration Rules
  • applicable criteria
  • separability of issue
  • economic advantage

 

ICC Case 18175

Date of procedural order: October 2012

Origins of parties: Africa

Place of arbitration: Kigali, Rwanda

ICC Rules of Arbitration: 1998

Summary of issues:

  • arbitrator’s discretion to order bifurcation under the 1998 ICC Arbitration Rules and applicable national law
  • discreteness of matter to be decided
  • risk of duplication of procedures
  • impact on time and cost

 

ICC Case 18864

Date of procedural order: December 2013

Origins of parties: Asia, Europe

Place of arbitration: Geneva, Switzerland

ICC Rules of Arbitration: 2012

Summary of issues:

  • procedural economy and efficiency
  • due process

decision on bifurcation does not anticipate the decision on the preliminary issues or the merits