On 6 October 2015, negotiations on the Trans-Pacific Partnership (TPP) concluded. While the investment chapter is not yet available, it is understood that it will contain an investor state dispute settlement (ISDS) mechanism. For further details of the TPP, see USTR's summary.

The US Supreme Court granted certiorari to answer the question "whether California's arbitration-only severability rule is preempted by the FAA" (MHN Government Services, Inc. v Zaborowski). The petitioner contends that AT&T Mobility LLC v Concepcion, 131 S.Ct. 1740 (2011) creates a presumption in favour of severance when an arbitration agreement contains unconscionable provisions that can be meaningfully severed so that the arbitration agreement can be enforced.