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

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