Penn State Arbitration Law Review

The Penn State Arbitration Law Review is a student-edited publication done in a law review format. The Penn State Arbitration Law Review is a unique publication among those which cover dispute resolution, in that it is currently the only scholarly legal journal dedicated to covering both U.S. domestic and international developments in arbitration and other dispute resolution procedures. The Review publishes scholarly articles resulting from an annual symposium, as well as student pieces on recent case law, legislative enactments, arbitral decisions, and reviews of current dispute resolution literature.

The U.S. Supreme Court continues to show substantial interest in the law of arbitration and to favor this form of adjudication. State and federal courts generally embrace alternative means of resolving disputes. Arbitration, mediation, and negotiation are now a genuine part of the U.S. legal system and law practice. Additionally, arbitration has become critical to global commerce, and mediation is used in many countries to avoid litigation. The Review fulfills the need for the professional discussion of developments in these areas.

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Volume 17, Issue 1 (2026)View issue

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  • Journal Article
    1 May 2026

    Arbitrating Energy: The Impact of Arbitration on the Energy Transition

    Somtochukwu Attamah, Lara Fowler
    Even prior to recent events in the Middle East, the global energy sector has been undergoing a significant transformation as states pursue regulatory reforms aimed at addressing climate change, environmental protection, and energy system restructuring. These developments have contributed to an increase in disputes arising from energy-related investments, particularly where regulatory measures affect existing investment expectations. This paper examines the role of arbitration in the context of global energy transitions by tracking publicly available arbitration cases through 2022 and analyzing selected energy disputes linked to regulatory change. It explores how arbitration operates not only as a mechanism for resolving disputes but also as a forum in which tensions between investor protection and state regulatory authority are negotiated. Through an examination of arbitration treaty-based case law and illustrative disputes, the paper highlights how regulatory adjustments in areas such as renewable energy incentives, environmental standards, and energy governance have generated legal challenges. The paper concludes that arbitration occupies a dual position in the governance of global energy transitions by providing legal predictability for investors while simultaneously constraining the regulatory flexibility of states responding to changing energy and environmental priorities. The role of arbitration is likely to dramatically increase given the uncertain energy situation in the Middle East.
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