Dynamic Bifurcation and the Objectivity of Arbitrators - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View Dynamic Bifurcation and the Objectivity of Arbitrators by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management Dynamic Bifurcation and the Objectivity of Arbitrators 85 1

In this article, a system of dynamic bifurcation is proposed as a method to counteract any possible appearance of arbitrators being (partly) guided by personal considerations in deciding on jurisdictional issues. Such a system is predicated on, first, a bifurcation of jurisdiction and merits and, secondly, a replacement of (the majority of) the arbitral tribunal after the jurisdictional phase. As a result, jurisdictional issues are decided upon by an arbitral tribunal which does not stand to gain anything from referring the proceedings to the merits phase.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management