The JURISDICTION OF THE ARBITRAL TRIBUNAL TO BIFURCATE ARBITRAL PROCEEDINGS

Abstract

Arbitration in its entirety is everything about convenience and conservation of time. From a radical perspective, it is antithetical to litigation in every conceivable manner. In essence, arbitration stands for party autonomy, perceiving the interest of the parties first and foremost. Hence, the popular clamour- “arbitrate, do not litigate.” As arbitration has been proven to be the key to effective dispute resolution in the 21?^st century and beyond, matters concerning it will often take the precedence they deserve. This is the case with the trending issue of bifurcation of arbitral proceedings. Technically, schools of thought and factious opinions have been birthed on the issue as to whether an arbitral tribunal has the jurisdiction to bifurcate arbitral proceedings. The slippery nature of these arguments have further been exacerbated by the dearth of statutory and case law authorities, and the dichotomy which the existing few has created. In Nigeria for instance, the dichotomy stems from section 12 of the Arbitration Act. As such, this paper shall adopt an analysis based on authorities from reliable Jurisdictions. It shall juxtapose these authorities with the Nigerian position and the said section 12, and shall furnish reasons why the arbitral tribunal should have jurisdiction to bifurcate.