Bifurcation in Inter-State Cases
Journal: SSRN Electronic Journal
Year: 2018

In the South China Sea Arbitration, China’s resolute decision on non-appearance without even appointing its own arbitrator was criticized as unwise. It was argued that the conventional litigation wisdom to contest jurisdiction exclusively at the preliminary phase serves to better China’s interests; and this would not prejudice its decision of non-appearance at the subsequent proceedings over merits. 
The validity of this tactic rests upon bifurcation – the division of the proceedings into deter