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On 28 January 2022, an ICSID Tribunal denied the Application for Bifurcation in RWE AG and RWE Eemshaven Holding II BV v. Kingdom of the Netherlands (ICSID Case No. ARB/21/4). The Claimants had asked the Tribunal to rule upon two issues on a preliminary and accelerated basis, however, the Tribunal ordered the case to move forward on the schedule for non-bifurcated proceedings in the Procedural Timetable.

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