The Clean Hands Doctrine as a General Principle of International Law
In: The Journal of World Investment & TradeSearch for other papers by Patrick Dumberry in
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Abstract
The question of the scope and application of the doctrine of clean hands by investment tribunals is controversial. This article examines how scholars, international courts and tribunals and investment tribunals have analysed the concept. I will show that while the doctrine has rarely been used by international tribunals, they have nonetheless recognised and applied the clean hands doctrine in several awards. I will critically assess the reasoning of the Yukos award and, most importantly, the recent South American Silver Limited award, which have both held that the clean hands doctrine is not a general principle of law. I will argue, like many writers, that the doctrine should be considered as a general principle of international law. The article examines this concept and describes how such principles emerge on the international plane in a manner different from general principles grounded in the domestic laws of States.
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| All Time | Past 365 days | Past 30 Days | |
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| Abstract Views | 5436 | 415 | 28 |
| Full Text Views | 413 | 43 | 3 |
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The Clean Hands Doctrine as a General Principle of International Law
In: The Journal of World Investment & TradeSearch for other papers by Patrick Dumberry in
Current site
Google Scholar
PubMed
Abstract
The question of the scope and application of the doctrine of clean hands by investment tribunals is controversial. This article examines how scholars, international courts and tribunals and investment tribunals have analysed the concept. I will show that while the doctrine has rarely been used by international tribunals, they have nonetheless recognised and applied the clean hands doctrine in several awards. I will critically assess the reasoning of the Yukos award and, most importantly, the recent South American Silver Limited award, which have both held that the clean hands doctrine is not a general principle of law. I will argue, like many writers, that the doctrine should be considered as a general principle of international law. The article examines this concept and describes how such principles emerge on the international plane in a manner different from general principles grounded in the domestic laws of States.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 5436 | 415 | 28 |
| Full Text Views | 413 | 43 | 3 |
| PDF Views & Downloads | 1010 | 111 | 9 |
