Bifurcation typically involves the division of arbitral proceedings into separate phases addressing jurisdiction/admissibility and the merits and, less frequently, the division of the merits phase into liability and quantum phases. However, tribunals are not restricted to bifurcating proceedings along these lines. For example, some tribunals have bifurcated proceedings in order to hear certain jurisdictional objections as preliminary issues while reserving other jurisdictional objections to be heard with parties’ arguments on the merits. Others still have ‘trifurcated’ proceedings into separate phases dealing with issues of jurisdiction, liability, and quantum. This chapter discusses factors that may provide guidance for parties in making arguments either for or against bifurcation.
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