Due to the problem-centric nature of its mandate, empirical research has been relatively central in the United Nations Commission on International Trade Law (UNCITRAL) investment arbitration reform process. In this article, the authors seek to provide a state-of-the-art summary and assessment of empirical studies on the six identified concerns of states: legal cost, duration of proceedings, consistency, correctness, diversity and independence. The article asks: (1) What do we know? and (2) Does it matter? The survey of evidence reveals an emerging base of quantitative, qualitative and computational evidence for justifying some but not all concerns and understanding their causes. However, there are challenges in accessing all relevant data, modelling outcomes and evaluating whether there was normatively a problem. The article concludes by indicating that some concerns are clearly justified, others not, and others fall within an unknown category.

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Member States have sought to implement European Union (EU) initiatives on the promotion of renewable energy for almost 20 years now. However, some Member States are now finding that some of these very policy initiatives on renewable energy promotion have the capacity to conflict with these same Member States' other EU and international obligations, such as in the areas of international trade, foreign investment protection, and the functioning of the internal energy market. This article will provide an historical progression of EU laws and policies concerning the promotion of renewable energy generation, identify many of the factors inhibiting or challenging the achievement of EU renewable energy policy goals, and consider whether the proposed shifts in renewable energy promotion policy are likely to be effective in addressing these challenges.

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Member States have sought to implement European Union (EU) initiatives on the promotion of renewable energy for almost 20 years. However, some Member States are now finding that some of these very policy initiatives on renewable energy promotion have the capacity to conflict with these same Member States’ other EU and international obligations, such as in the areas of international trade, foreign investment protection, and the functioning of the internal energy market. This article will provide an historical progression of EU laws and policies concerning the promotion of renewable energy generation, identify many of the factors inhibiting or challenging the achievement of EU renewable energy policy goals, and consider whether the proposed shifts in renewable energy promotion policy are likely to be effective in addressing these challenges.