ABSTRACT
In international arbitration, bifurcation is an essential procedural technique aimed at efficient and fair proceedings. Focusing on investor-state arbitration, this chapter analyses the issue of bifurcating respondents' jurisdictional objections from the merits, and identifies a standard for appropriate bifurcation. It discusses the tribunals' discretion in addressing bifurcation requests, in view of the quest for fair and efficient proceedings. In investment disputes, bifurcation usually concerns the preliminary issues or quantum, and less often, the merits. Bifurcation is a procedural device aimed at eliminating or decreasing the need to arbitrate the parties' dispute, once it is possible to determine one dispositive or essential issue first. The chapter addresses bifurcation of jurisdictional matters in investment arbitration conducted under the International Convention for Settlement of Investment Disputes ('ICSID Convention') and ICSID Arbitration Rules, or under the United Nations Commission on International Trade Law ('UNCITRAL') Arbitration Rules.
