Gaela Gehring Flores Discusses International Arbitration Trends in 2026

Jan. 15, 2026 – Gaela Gehring Flores spoke to Law360 about international arbitration trends in the new year, including the potential for a foreign company to file an investor-state claim against the U.S. in 2026.

Gehring Flores raised the U.S. Department of Health and Human Services’ announcement in September that acetaminophen had been linked to autism as an illustrative example.

“Just think, what if Tylenol had been a foreign-owned company, and you have the president of the United States, on television, essentially singling out that company,” she said. “If the Trump administration continues to act in arbitrary, capricious and lawless manners, they’re going to affect a foreign investment at some point that is actually covered under a [bilateral investment treaty] or the investment chapter of a free trade agreement.”

Gehring Flores added: “And then, we will see if the foreign investor affected is willing to stand down and not bring an investment treaty case because they don’t want to agitate the Trump administration, or whether they will actually bring a case. I do think that, unfortunately for the United States, there will be consequences to these actions.”

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