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Bifurcation

E-Chapter from ICC Dispute Resolution Bulletin Procedural Decisions in ICC Arbitration
2014 Edition
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e-Book (see e-book FAQs)
ISBN 978-92-842-0330-7
12.00€
About this title

Published in May 2015

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

About the ICC Dispute Resolution Bulletin

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. 

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