Open research questions in International Arbitration and Investment Law

What the literature leaves open

• The paper identifies a gap in the existing literature on International Investment Law and Bilateral Investment Treaties in Africa - The paper notes that prior work has not adequately addressed the issue in the context of Chad

  International Investment Law and Bilateral Investment Treaties in Africa: Towards Sustainable Development Goals · 2026 · DOI

• The lack of coordinated regional standards for digital arbitration. The absence of harmonized standards for electronic service, evidence authentication, and the conduct of virtual hearings. The need for mechanisms to enhance predictability in China-ASEAN commercial arbitration while respecting national judicial sovereignty.

  Fragmentation to Coordination: Legal, Institutional, and Regulatory Dimensions of China–ASEAN Commercial Arbitration · 2026 · DOI

• The paper identifies a gap in the understanding of the relationship between investment laws and human resources management. It notes that prior work has overlooked the opportunities to turn compliance into competitive advantage.

  The Relationship Between Investment Laws and Human Resources Management · 2026 · DOI

• Based on jurisprudential patterns and empirical Service-Learning outcomes, three actionable frameworks for aligning HRM systems with investment law imperatives have been proposed. Firstly, Localization Tiered Frameworks (LTFs) calibrated to arbitration precedents needs to be implemented. ADF Group Inc. v. USA5 established that non-discriminatory hiring preferences survive treaty challenges when they show "rational nexus to legitimate public policy objectives." HR divisions should therefore architect LTFs with graduated localization targets (e.g., Year 1: 15% local mid-management; Year 5: 40% executive roles) supported by documented public benefit assessments. Vietnam’s Invest- ment Law 2020 Article 15 offers a regulatory template, requiring "annual skills certification for 20% of foreign-invested workforces" with tax incentives for compliance. Service-Learning projects in Malaysian tech parks show LTFs reduce regulatory friction by 44% when integrated with vocational pipelines like Penang’s Silicon Island Talent Accelerator. Secondly, Algorithmic Accountability Boards (AABs) preempting emerging jurisprudential risks needs to be followed. Meta v. Norway will likely determine whether algorithmic HR tools violating GDPR constitute FET breaches. To mitigate liability, AABs should conduct mandatory Fundamental Rights Impact Assessments (FRIAs) under the EU AI Act Article 29, documenting how hiring algorithms satisfy: (a) non-discrimination benchmarks per ILO Convention 111; (b) data minimization under GDPR Article 5(1)(c); and (c) transparency requirements aligning with USMCA Chapter 23 Annex A. FactorialHR’s compliance analytics reveal that AABs reduce algorithmic bias incidents by 63% when conducting quarterly model validation against EEOC Uniform Guidelines (FactorialHR 2023). Thirdly, Cross-Border Compliance Swaps (CBCSs) leveraging treaty most-favored-nation clauses should be deployed. When USMCA Article 14.5 grants superior labor compliance mechanisms to signatories, HR divisions should negotiate "compliance equivalency recognition" with non-signatory states under BIT MFN provisions. Peruvian mining firms successfully applied this strategy using Chile-Colombia BIT Article 4, gaining recognition for safety training certifications that exceeded local standards but 5 “ADF Group Inc. v. United States of America, ICSID Case No. ARB (AF)/00/1 | Italaw” https://www.italaw.com/cases/43 Legal Research & Analysis 2026, 4(2) 36 satisfied USMCA Annex 23-A. Service-Learning metrics from these initiatives show 31% faster compliance implementation and 22% reduction in regulatory duplication costs. Figure 5. Case Law Precedent Timeline Emergency HRM Playbooks (EHPs) codifying Continental Casualty exceptions needs to be developed. The tribunal’s recog- nition of states’ "inherent police powers during national emergencies" requires predefined contingency protocols. EHPs should incorporate regulatory triggers, i.e., automated alerts when host states declare economic emergencies under BIT Article XI excep- tions. Workforce Adaptation Templates consisting of pre-approved furlough frameworks, benefit suspension matrices, and expedited termination clauses compliant with ILO Convention 158 should be integrated. Arbitration Mitigation Logs with documented evi- dence highlighting "good faith efforts to balance investor rights and social stability" per Continental Casualty paragraph 192 should be available. Service-Learning should be validated as in Peruvian mining firms using EHPs during COVID-19 supply chain disrup- tions reduced labor-related arbitration claims by 63% compared to ad-hoc responders. Similarly, p Algorithmic Accountability Certification (AAC) for HR technology vendors should be initiated. With Meta v. Norway poised to set precedent on AI-driven HR compliance failures, proactive certification should audit training data against EEOC Uniform Guidelines using bias-detection frameworks like IBM’s AI Fairness 360. Output consistency with GDPR Article 22(2)(b) "human intervention" requirements should be validated and ISO 30414- aligned impact disclosures for automated decision systems are needed (Grantham-Philips 2023).EU AI Act Article 14 mandates third-party conformity assessments for "high-risk employment AI" – AAC preempts liability under investment treaties’ "fair and equitable treatment" standards.

  The Relationship Between Investment Laws and Human Resources Management · 2026 · DOI

• The current legal framework provides limited guidance on interim measures and emergency arbitrators. The study identifies a gap in the regulation of interim measures and emergency arbitrators within the Indonesian arbitration system. The study highlights the need for comprehensive reform to strengthen legal certainty and the practical effectiveness of arbitration in Indonesia.

  The Problem of Legal Vacancy in the Regulation of Interim Measures and Emergency Arbitrators in the Indonesian Arbitration System as an Effort to Strengthen the Effectiveness of Decisions · 2026 · DOI

• China's relevant laws on the injunction system are still blank. There is a lack of systematic research on the injunction system in international patent litigation. The paper aims to fill this gap by proposing a systematic response system for China.

  The Injustice System in International Patent Litigation: Difficulties and China's Response · 2026 · DOI

• The limitations of existing forms of corporate legal accountability for the arms trade. The need for improved accountability for wrongful weapons transfers.

  Corporate Accountability in the Arms Sector: Possibilities, Limits, and Visions of Justice · 2026 · DOI

• Traditional dispute mechanisms may be slow or biased, reducing project predictability and investor confidence. There is a need for a more effective and efficient dispute resolution mechanism for CPEC projects.

  China–Pakistan Economic Corridor (CPEC) Disputes: Arbitration as a Strategic Tool for Investment Security · 2026 · DOI

• In order to increase the level of investment security and reduce the risks in the CPEC projects, it is suggested that the stakeholders utilize a strategically designed arbitration system, which is specific to the challenges of the cross-border infrastructure development. This structure must be more specific in the terms of a contract such as the extent of arbitration, the laws to be followed, and clauses on enforceability, to prevent confusion which could lead to conflict. They should also be included with multi-tiered dispute resolution systems, which will combine negotiation, mediation, and arbitration to offer flexibility and early settlement solutions without compromising the enforceability of final awards. Preference must also be made to institutional arbitration under established international or regional arbitration centers in order to promote neutrality, procedural efficiencies, and credibility. Also, the interim relief measures should be well spelled out and available so that the parties can secure vital project assets, cash flows and avoid delays in the course of construction. The project stakeholders should also be introduced to capacitybuilding programs concerning the arbitration procedures and risk management to enhance preparedness to disputes and mitigate the use of litigation. Through combination of these measures, CPEC projects will be able to enhance predictability, financial health and investor confidence to foster a culture of safety in the inter-country investments and make sure that strategic arbitration can be a potent tool of maintaining the project success in the long term. 172 Journal of Development and Social Sciences (JDSS) January-February 2026, Vol. 7, No.

  China–Pakistan Economic Corridor (CPEC) Disputes: Arbitration as a Strategic Tool for Investment Security · 2026 · DOI

• The need for a clear and adapted arbitration agreement. The importance of considering the applicable law and the form and content of the arbitration agreement.

  Arbitration convention - a necessary condition for the conduct of arbitration · 2026 · DOI

• To improve the arbitration rules to incorporate security considerations. To build a cross-border risk early warning platform for key technology intellectual property rights. To provide compliance guidance, case training, and emergency rights protection assistance.

  National Security Risks and International Arbitration Methods during the Transnational Circulation of Key Technological Intellectual Property · 2026 · DOI

• The lack of unified and standardized standards for the preservation and review of confidential technical evidence. The lack of power of international arbitration institutions to make final rulings on the legality and validity of intellectual property rights related to national strategic technologies.

  National Security Risks and International Arbitration Methods during the Transnational Circulation of Key Technological Intellectual Property · 2026 · DOI

• The paper identifies the challenge of balancing the need for minimal court interference with the need for effective justice. The study highlights the challenge of aligning the Indian approach with international norms. The paper argues that the Indian courts' approach to public policy is still not fully aligned with international norms.

  Harmonization or Cosmetic Compliance? Public Policy Exception Under the Arbitration and Conciliation Act vis-à-vis the UNCITRAL Model Law · 2026 · DOI

• The paper identifies a gap in the understanding of the public policy exception under the Arbitration and Conciliation Act in India. The study highlights the need for a comparative analysis of the Indian approach with international standards.

  Harmonization or Cosmetic Compliance? Public Policy Exception Under the Arbitration and Conciliation Act vis-à-vis the UNCITRAL Model Law · 2026 · DOI

• The study is limited to a conceptual analysis and does not provide empirical data. The paper does not discuss the practical implications of the concept of nomos in detail. The study is focused on the concept of nomos and does not consider other approaches to understanding global taxes.

  Nomos podatków globalnych – szkic problemu · 2026 · DOI

• The paper suggests that future research should focus on the practical implications of the concept of nomos. The study implies that future research should consider the use of the concept of nomos in creating a topology of tax law. The paper suggests that future research should explore the use of the concept of nomos in improving the understanding of global taxes.

  Nomos podatków globalnych – szkic problemu · 2026 · DOI

• Future research could empirically investigate the effects of hybrid governance on systemic equity and stakeholder embeddedness in the European basketball ecosystem. Future research could explore the implications of technological integration for the European basketball ecosystem. Future research could examine the experiences of other sports leagues in implementing hybrid governance models.

  Integration without decoupling? Hybrid governance and systemic equity in the proposed NBA–FIBA European League · 2026 · DOI

• The paper identifies a gap in the literature regarding the implications of hybrid governance for systemic equity and stakeholder embeddedness in the European basketball ecosystem. The paper notes that prior work has not fully addressed the challenges and limitations of implementing the NBA model in Europe.

  Integration without decoupling? Hybrid governance and systemic equity in the proposed NBA–FIBA European League · 2026 · DOI

• The paper identifies a gap in the understanding of the operation of good faith within exception clauses in international investment law. The paper notes that the efficacy of exception clauses has been limited by investment tribunals in recent years.

  Good Faith in Exception Clauses: An Abus de Bonne Foi? · 2026 · DOI

• Future research should examine the implications of the domestication defect for Nigerian carriers and passengers. Future research should consider the potential consequences of the saving construction.

  The Statute That Domesticated the Wrong Treaty: Does the Civil Aviation Act 2022 Domesticate the Montreal Convention 1999, or Only a Modified Version of It? · 2026 · DOI

• The gap is the potential inconsistency between the domestic enactment and the international convention. The gap is the lack of clarity on the domestication of the Montreal Convention 1999 in Nigeria.

  The Statute That Domesticated the Wrong Treaty: Does the Civil Aviation Act 2022 Domesticate the Montreal Convention 1999, or Only a Modified Version of It? · 2026 · DOI

• Future research can focus on implementing and evaluating the proposed framework in various domains. It can also explore the application of the framework in different contexts, such as service-level negotiation and institutional decision-making.

  Multi-Agent Diplomacy: Mandate, Provenance and Institutional Will in Networks of AI Agents · 2026 · DOI

• The paper identifies a gap in the governance of multi-agent systems, where the focus is on individual agents rather than networks. It notes that existing approaches do not address the need for a framework to preserve mandate, provenance, and institutional will.

  Multi-Agent Diplomacy: Mandate, Provenance and Institutional Will in Networks of AI Agents · 2026 · DOI

• The approach presented can be criticized on several grounds, including its mathematical limitations. The analysis only goes so far, and caution needs to be employed when interpreting the results.

  New Generation of Investment Treaties: Analysis of Dominance · 2026 · DOI

• Cultural, historical, and social factors might be an important avenue for future research when seeking to explain recent trends in investment treaty-making. Further study is needed to explain the approaches of capital exporting countries that cannot be explained by traditional theories of investment treaty design.

  New Generation of Investment Treaties: Analysis of Dominance · 2026 · DOI

Most-cited papers in International Arbitration and Investment Law

• Courts · The Quarterly Journal of Economics · 2003 · 1,170 citations
• A problem of rights arbitration from the Talmud · Mathematical Social Sciences · 1982 · 671 citations
• Reaching agreements through argumentation: a logical model and implementation · Artificial Intelligence · 1998 · 314 citations
• Do Treaties Constrain or Screen? Selection Bias and Treaty Compliance · American Political Science Review · 2005 · 270 citations
• The Impact of Alternatives to Settlement in Dyadic Negotiation · Organizational Behavior and Human Decision Processes · 1994 · 210 citations
• The Nature of Problem Solving · Educational research and innovation · 2017 · 173 citations
• Judicialization and the Construction of Governance · Comparative Political Studies · 1999 · 160 citations
• Legitimizing Dispute Settlement: International Legal Rulings as Domestic Political Cover · American Political Science Review · 2006 · 155 citations
• Form and Substance in International Agreements · American Journal of International Law · 2005 · 153 citations
• Jurisdictional disputes over professional work: the institutionalization of the global knowledge expert · Accounting Organizations and Society · 2003 · 149 citations

Most recent work

• China–Pakistan Economic Corridor (CPEC) Disputes: Arbitration as a Strategic Tool for Investment Security · Journal of Development and Social Sciences · 2026
• Embedding Gender Equality in International Investment Agreements: Practices and Dynamics · ICSID Review - Foreign Investment Law Journal · 2026
• International Investment Law and Bilateral Investment Treaties in Africa: Towards Sustainable Development Goals · Zenodo (CERN European Organization for Nuclear Research) · 2026
• A Discussion on the Three-Tier Logic of Arbitrators' Civil Liability · Academic Journal of Law and Society · 2026
• Fragmentation to Coordination: Legal, Institutional, and Regulatory Dimensions of China–ASEAN Commercial Arbitration · Journal of East Asia and International Law · 2026
• The Relationship Between Investment Laws and Human Resources Management · Legal Research & Analysis · 2026
• Relationship between Arbitrability and Invalidity of the Arbitration Agreement · Teisė · 2026
• The Problem of Legal Vacancy in the Regulation of Interim Measures and Emergency Arbitrators in the Indonesian Arbitration System as an Effort to Strengthen the Effectiveness of Decisions · International Journal of Social Service and Research · 2026
• Intellectual Property Rights and Expropriation in Investment Arbitration · International Journal of Law and Politics Studies · 2026
• The Injustice System in International Patent Litigation: Difficulties and China's Response · Lecture Notes in Education Psychology and Public Media · 2026

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