Do bifurcated proceedings – the splitting of one distinct issue for separate determination by a tribunal – materially reduce time and costs in international arbitration?
In this hour-long webcast, Burford Director Jeffery Commission, along with independent international arbitrator Lucy Greenwood, and Mark Luz, General Counsel, Trade Law Bureau, Government of Canada, examine requests for bifurcation in international commercial and investment arbitrations, the decisions and orders rendered by tribunals on those requests, and what the future may hold in terms of potential arbitration rule amendments and treaty-making. What is more, the webcast examines the 72 decisions and orders rendered by ICSID and UNCITRAL tribunals between January 2017 and June 2020 – the best proxy available owing to the lack of data on international commercial arbitrations - identifying the factors routinely applied by tribunals, and exploring patterns in tribunal decision-making.
By watching the webcast you will learn:
• The number of bifurcation requests filed by respondents, claimants, and the instances in which tribunals bifurcated on their own initiative
• The success rate of bifurcation, and even trifurcation, requests before arbitration tribunals
• Whether or not bifurcated proceedings have, in practice, materially reduced the duration and costs of arbitration proceedings
• Details about the requests for bifurcation filed in international arbitrations, including the issues proposed for separate determination, the criteria applied by tribunals in assessing such requests, and the outcomes of those requests
• An update on proposed Rule 42 on bifurcation, currently being considered by Contracting States as part of the ICSID rule amendment process
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