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Open research questions in International Arbitration and Investment Law

194 gap statements mined from International Arbitration and Investment Law papers in our 7.9M-paper local library, which holds 1,896 papers on the topic — drawn mostly from each paper's own stated research gap, future-work, challenge and limitation notes, and its abstract. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one.

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What the literature leaves open

  • While many commentators have analysed the ISMs of certain developed economies such as the United States and the European Union, the revised and new ISMs of the abovementioned Asian countries are underexplored.

    Global Geoeconomics and Geopolitics Development: Comparative Analysis of Selected Asian Countries’ Investment Screening Mechanisms · 2026 · DOI

  • While schol-arly discussions have highlighted the significance of international organisations in the historical evolution of ISDS, their role in con-temporary reform remains under-explored.

    Investor-State Dispute Settlement Reform in and by International Organisations · 2026 · DOI

  • Despite this recognition, the interplay between international investment law and international trade law in the context of the design and implementation of trade-related climate measures remains insufficiently addressed.

    ‘The Missing Link’: Integrating Investment Considerations in Trade-Related Climate Strategies · 2025 · DOI

  • While in principle the latter reforms appear to directly address the concerns raised by previous arbitral authority, it remains to be seen whether they will prove to be effective.

    Rebalancing Investment Protection Standards · 2024 · 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

  • 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."

    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

  • 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.

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

  • 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

  • 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

  • Further study is needed to examine how these recommendations perform in practice as they are adopted, to compare emerging national reforms across a wider range of jurisdictions, and to assess whether formal incorporation of soft-law cybersecurity protocols into civil codification measurably reduces the incidence or severity of cyber incidents affecting international arbitration.

    Harmonization of National Civil Law with International Arbitration Rules in the Field of Cybersecurity: A Comparative Analysis of the ICC, LCIA and UNCITRAL Rules · 2026 · DOI

  • Such conceptualization, not limited to agreements developed within the multilateral framework, is consistent with the treaty-making practice, as it allows for capturing the increasingly popular, inter-regional forms of plurilateralism.

    International Investment Law and Plurilateralism – Concept, Prospects and Limitations · 2025 · DOI

  • 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 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

  • While discussions often center on the “external adjustment perspective” and explicate China’s participation in international investment law by analyzing different iterations of Sino-Foreign investment treaties, a noteworthy yet underexplored inquiry pertains to how Chinese domestic legal frameworks assimilate and repurpose investment treaty norms.

    Deciphering China’s Selective Adaptation to Investment Treaty Regime: A “Domestication” of International Investment Law Perspective · 2025 · DOI

  • 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…

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

Most-cited papers in International Arbitration and Investment Law

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Open questions raised by papers listed on this page include: (1) The lack of coordinated regional standards for digital arbitration (“Fragmentation to Coordination: Legal, Institutional, and Regulatory Dimensions…”, 2026); (2) There is a lack of systematic research on the injunction system in international patent litigation (“The Injustice System in International Patent Litigation: Difficulties and…”, 2026); (3) The lack of unified and standardized standards for the preservation and review of confidential technical evidence (“National Security Risks and International Arbitration Methods during the…”, 2026); (4) The paper suggests that future research should focus on the practical implications of the concept of nomos (“Nomos podatków globalnych – szkic problemu”, 2026); (5) Future research should examine the implications of the domestication defect for Nigerian carriers and passengers (“The Statute That Domesticated the Wrong Treaty: Does the Civil Aviation Act…”, 2026). 194 gap statements have been mined from International Arbitration and Investment Law papers in our 7.9M-paper local library, which holds 1,896 papers on the topic; the gaps come from whichever of those papers state one. They are mostly the research gaps the authors state and the papers' abstracts, plus future-work, limitations and challenges passages. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one, so you can read the original claim in context.

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