L’arbitrato d'investimento Intra-UE oltre i confini dell'Unione europea: riflessioni a margine della giurisprudenza svizzera e statunitense

The article examines the relationship between investment arbitration and EU law in light of two recent decisions by courts of non-EU states, which have upheld the validity and enforceability of intra-EU arbitral awards rendered pursuant to the Energy Charter Treaty (ECT). The persistent challenges in coordinating these legal systems are analyzed, with particular attention to the complications arising from withdrawals from the ECT, which have nonetheless failed to resolve the treaty’s incompatibility with EU law. Possible avenues for successfully resorting to ECT arbitration outside the EU are then explored. In conclusion, a critical perspective is offered on the restrictive stance of the Court of Justice of the European Union towards international law claims, emphasizing how this rigidity exacerbates legal conflicts and risks discouraging investment within the EU.