Christina Hioureas was recently interviewed for her perspective on trends to watch in international arbitration. Hioureas highlighted increasing disputes relating to climate change as well as procedural innovations in arbitration proceedings as two trends set to impact proceedings through the remainder of 2025 and beyond.

On climate change, Hioureas referenced the recent climate change advisory opinions issued by the International Tribunal for the Law of the Sea (ITLOS) and the International Court of Justice (ICJ), in which Hioureas and a team from Foley Hoag acted for some of the most vulnerable States in these separate proceedings. In this regard, Hioureas noted the interplay between States’ international environmental obligations and arbitration claims. Hioureas explained that many States are “being placed between a rock and a hard place” as they balance their obligations to curb greenhouse gas emissions under international law with claims brought by investors under investment treaties. “It’s been a challenge that a number of states have been facing,” she said, “seeking to comply with their obligations and then being sued for doing so.”

Hioureas also highlighted the potential for procedural innovations, such as the use of mediation to resolve investor-state disputes. In response to critiques on the lack of resort to mediation, Hioureas indicated that it would be a mistake to jump to the conclusion that States are not turning and will not turn to mediation to resolve disputes: “There have been some successful mediations with states, and I think we’ll probably see more of it in time.” She noted that mediation provides an opportunity for a more “outside the box” approaches to dispute resolution. 

Read the full article here (subscription required).