Volume 36 (2019) / Issue 4
In 2011, the author published an analysis of available empirical data on bifurcation of disputes in this journal. The article, ‘Does Bifurcation Really Promote Efficiency?’(28(2) J. Int’l Arb. 105–11 (2011)) tested the ‘generally accepted view that bifurcation of proceedings promotes efficiency’ by analysing the available data on the time taken for bifurcated cases to conclude and comparing that data with time taken for non-bifurcated cases. The author noted that ideally, to test whether bifurcating a case does result in the case being resolved in less time, the comparison should be made between a case that was bifurcated to the same case without bifurcation. However, this was not possible in practice. Thus, the next best alternative approach, that of comparing different cases was adopted, although it was recognized that cases can vary significantly in terms of factual and legal complexity. Nonetheless, the empirical evidence, however imperfect, can be and was illustrative. This article revisits the available data relating to the bifurcation of international arbitration matters and expands the previous discussion.
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