Case Report (free download)
Case Report by Volodymyr Ponomarov, Editor Diego Luis Alonso Massa
The Tribunal rendered a decision on the Respondent's Application for Bifurcation. In its decision, the Tribunal confirmed that Article 21(4) of the UNCITRAL Arbitration Rules (1976) was tilted in favor of bifurcation. However, the Tribunal also pointed out that the Tribunal itself retained a full discretion to determine whether, in the circumstances of the case, the bifurcation was appropriate.
The Tribunal also concluded that there was no exhaustive list of the criteria for deciding the issue of bifurcation. The Tribunal noted that the decision on whether to hear a jurisdictional objection as a preliminary question or to join it to the merits stage of the proceedings depended on the circumstances of a particular case. The bottom line of the Tribunals' analysis was whether bifurcation promoted fairness and procedural efficiency.
Given the circumstances of this case, the Tribunal was not persuaded that the bifurcation would promote either fairness or procedural efficiency and denied the Respondent's Application for Bifurcation.
Bifurcation, Tribunal's Discretionary Power to Decide on Bifurcation, Criteria for Bifurcation.
Case report provided by International Arbitration Case Law (IACL)
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