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IILJ - NYU Investment Law Forum

Event | 11.19.12, 12:00 AM UTC - 12:00 AM UTC

This 2012-2013 academic year, the Institute for International Law and Justice will continue hosting the very successful NYU Investment Law Forum sessions.  The Forum is devoted to the rigorous and critical examination of the increasing jurisprudence that is emerging from investor-state arbitral tribunals, as well as the underlying legal norms, whether in bilateral investment treaties or bilateral or regional trade agreements, that these tribunals are applying. The tribunal awards in investor-state arbitration raise important thematic issues, such as canons of treaty interpretation, the nature of state responsibility including remedies, custom as a source of law, and "fragmentation"-the relationship of investment law to other international legal regimes, whether the WTO or environment or human rights. Through anchoring reflection on these and other fundamental themes in the case law and related legal developments, we seek to engage the relevant academic community but also practitioners, policymakers, and activists.

Ian Laird is one of the guest speakers on the topic entitled, "Lifting the Corporate Veil:  Investor Nationality and Denial of Benefits in Recent Investor-State Arbitral Awards."

For more information, please visit these areas: International Dispute Resolution, Corporate and Transactional

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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