This WAW panel will discuss non-compliance with investor-State arbitration awards, and the challenges to enforce those awards against recalcitrant. It will discuss the recently reaffirmed position of the European Union and the European Union Court of Justice where intra-EU investor-State arbitration—whether on the basis of a BIT or the Energy Charter Treaty—seems to be no longer recognized. This panel will analyze the following issues: Might the European Union be considered a recalcitrant entity resisting to follow the international rule of law? What are investors left with in the face of refusals to comply with investor-State arbitration awards in Europe, given their interest to enforce them? When award holders attempt to enforce favorable intra-EU investment awards in the U.S., how will the U.S. courts analyze those requests for enforcement?
