Procedural Management in International Arbitration: The Necessity of Bifurcation in Oil & Gas Disputes(مقاله علمی وزارت علوم)
حوزههای تخصصی:
Bifurcation constitutes a procedural mechanism in arbitration whereby complex disputes are segmented into separate and distinct issues to be addressed individually over the course of the proceedings. This stratification enables a more organized and methodical approach, commonly by isolating jurisdictional questions from the substantive merits of the case. Through the division of the dispute into discrete phases, bifurcation enhances procedural efficiency, allowing the parties to focus their efforts on pivotal matters while avoiding unnecessary expenditure of time and resources on ancillary issues. As a result, this mechanism often contributes to notable reductions in both the duration and overall cost of the arbitral process. In determining whether to bifurcate proceedings, arbitral tribunals assess key criteria: the preliminary objection must demonstrate substantive merit, be capable of adjudication independently of the merits, and possess the potential to resolve the dispute conclusively. The tribunal’s decision to implement this procedural tool ultimately depends on the specific facts and prevailing circumstances of the case.