ICSID Tribunal denies RWE’s application for bifurcation

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.