Bifurcation of proceedings

Bifurcation of proceedings, North America, United States, USA

(WU (Vienna University of Economics and Business) - Institute for Accounting and Auditing)/ /Leave a comment

With Procedural Order No 4 on Bifurcation (hereinafter “PO 4”), the Tribunal of Alberta Petroleum Marketing Commission v. USA issued a decision on bifurcation at the request of the Respondent following, as many others, Glamis Gold. While in Glamis Gold the request to bifurcate proceedings was rejected, this Tribunal decided to grant the application. The…

Appeal, Arbitration Procedure, Australia, Bifurcation of proceedings, Estoppel, Functus Officio, Interim Award, Set aside an arbitral award

(Level Twenty Seven Chambers) and (LK Law)/ /1 Comment
ACICA 45

In a recent decision, the Supreme Court of Western Australia (“WA”) Court of Appeal confirmed that courts have the conclusive authority to determine the jurisdiction of arbitral tribunals. The Commercial Arbitration Act 2012 (WA) (the “Act”) confers competence upon arbitral tribunals to determine their own jurisdiction. However, courts retain authority to review questions of jurisdiction….

Appeal, Arbitration Procedure, Australia, Bifurcation of proceedings, Commercial Arbitration, Functus Officio, Interim Award

(Quayside Chambers) and (Quayside Chambers, Fountain Court Chambers)/ /2 Comments

Winston Churchill said in 1942 that the war was not at the end, adding: “It is not even the beginning of the end. But it is, perhaps, the end of the beginning”. When it comes to international arbitration, the beginning is easy enough to discern from the notice of arbitration. Divining the end can be…