Despite the common use of bifurcation in arbitration proceedings, there are many arguments against the bifurcation of most arbitral proceedings. Bifurcation refers to the separation of issues, typically dividing the proceedings into jurisdictional or procedural phases and the merits phase, or merits and quantum phases, allowing the arbitral tribunal to address and decide on specific […]
Annulment of Arbitral Awards Under the UNCITRAL Model Law
Arbitral awards are final and binding. In certain circumstances, however, they can be challenged or annulled through judicial proceedings. The annulment of arbitral awards (also known as “setting aside” or “vacatur”) refers to the legal process by which a court sets aside or nullifies an arbitration award that has been issued by an arbitral tribunal. […]
Pre-Arbitral Requirements
It is common to encounter pre-arbitral requirements in international arbitration agreements.[1] Compliance with these procedural requirements, included in multi-tiered dispute resolution clauses, is typically a prerequisite to the commencement of arbitration proceedings.[2] The underlying intent of these requirements is to ensure that parties in dispute make genuine efforts to amicably resolve their issues before resorting […]
Arbitration and Third Parties: The Issue of Non-Signatories
Arbitration and third parties is a topic which, over and above its academic relevance, has important practical implications for parties in international arbitration proceedings. The issue of arbitration and third parties may concern situations where a party wishes to refer to arbitration another party that was not part of the main contract and therefore did […]
Arbitration and Art Disputes
Art disputes are, by their nature, very specific. They are highly technical and require a considerable amount of expertise from the decision-makers, lawyers, and the experts involved. They can also be subject to the uncompromising scrutiny of art market players and therefore, non-legal matters.[1] Art disputes encompass a wide range of issues, such as:[2] Disputes […]