Abstract

Bifurcation of ICC Arbitral Proceedings – A Selection of Recent Procedural Orders

By Francisco Blavi

English

The eight procedural orders reproduced below show the arguments raised for and against bifurcating proceedings and the considerations taken into account by arbitrators when deciding whether or not to allow bifurcation. Despite the advantages bifurcation may bring, only two of the eight cases ordered bifurcation, which, as Francisco Blavi points out in his introduction, ultimately depends on a highly case-specific analysis of the circumstances of the case. The procedural orders, issued in 2014, 2015 and 2016, are reproduced in their original languages and have been redacted to render them anonymous.