1. Home
  2. |Insights
  3. |Investment Protection and the Energy Charter Treaty Conference

Investment Protection and the Energy Charter Treaty Conference

Event | 05.18.07, 12:00 AM UTC - 12:00 AM UTC

The Energy Charter Treaty (ECT) is a legally binding multilateral instrument, the only one of its kind dealing specifically with inter-governmental cooperation in the energy sector. The fundamental aim of the ECT is to strengthen the rule of law on energy issues, by creating a level playing field of rules to be observed by all participating governments, thus minimizing the risks associated with energy-related investments and trade.

In recent years, there has been an increased recourse to the ECT dispute settlement mechanism concerning investment protection, with more than a dozen cases having been brought to international arbitration by investors. The investment arbitration proceedings instituted under the ECT have revealed a range of challenging legal issues common to investor-State arbitration but also specific to the Treaty, demonstrating a continuing need to raise awareness of its provisions.

The conference will provide participants with the insight of experts into the negotiation history and the future of the ECT. It will also give participants a unique opportunity to discuss with leading practitioners key procedural and substantive issues related to investment arbitration within the framework of the ECT.

Dana Contratto will be one of the panelists in this conference.

Insights

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.

View All Insights