In the world of investor-state dispute settlement (ISDS), the issue of bifurcation has been a topic of increasing discussion and divergence among tribunals. Before the ICSID amendments in 2022, most tribunals followed the three-stage test established in Glamis Gold; however, the level of adherence required was not always clear, leading to differing approaches among tribunals.

The year 2020, in particular, saw a significant increase in the number of decisions made on the issue of bifurcation. By reviewing those decisions, we will examine the various approaches taken by tribunals, including those that have opted for a case-by-case approach and those that have judiciously applied the Glamis Gold test.

An extract from The Investment Treaty Arbitration Review is available below.