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Author: Ori Pomson

* Special thanks to Tzvi Mintz and Matt Rudolph for their invaluable comments, and to Yonatan Horowitz. 1 Introduction With a few exceptions, the status of the clean hands doctrine under international law, pursuant to which ‘a claimant’s involvement in activity unlawful under either

In: The Journal of World Investment & Trade

1 Introduction The clean hands doctrine (or ‘unclean’ hands) is often defined as ‘he-she who comes into equity must come with clean hands’. The principle is also sometimes expressed in a number of Latin maxims, including ex delicto non oritur actio (‘an unlawful act cannot serve as the

In: The Journal of World Investment & Trade

Introduction This article examines the controversial question of the status of the clean hands doctrine in investment arbitration and how tribunals have analyzed this concept. The clean hands doctrine (‘[H]e who comes into equity must come with clean hands’, also sometimes referred to as the principle of

In: The Journal of World Investment & Trade
Author: Chester Brown

second noteworthy point is the Tribunal’s consideration and application of general principles of law, particularly its rejection of the ‘clean handsdoctrine (para. 1362). This may be questioned; is the rule against profiting from one’s wrongs, which is analogous to the ‘clean handsdoctrine, not a

In: The Journal of World Investment & Trade
Author: Lorenzo Cotula

majority of the Tribunal declared the claim inadmissible based on the ‘clean handsdoctrine, and declined to award damages for the FET violation (paras. 645–648, 654 and n 217). Article 9 of the OIC Agreement also provided the basis for a counterclaim, with Indonesia alleging fraud and seeking to

In: The Journal of World Investment & Trade

hands truly exists under international law is controversial. 69 While the International Law Commission (“ILC”) decided that the clean hands doctrine should not apply in the diplomatic protection context, the ILC Special Rapporteur Dugard nevertheless suggested that the doctrine is relevant in other

In: The Journal of World Investment & Trade
Author: MASSIMO IOVANE

the sixth report of the Special Rapporteur, C.J.R. Dugard. The Commission's work during this session was devoted chiefly to a sin- gle question: whether the clean hands doctrine is sufficiently linked to diplomatic protection to be included in the draft articles. According to this doctrine, a State

In: The Italian Yearbook of International Law Online
Author: David Small

discretion to decide the order in which to take them up. 12 In addition, the United States invoked the clean hands doctrine, arguing that Iran’s unlawful attacks on US and other neutral ships in the Gulf precluded it from obtaining relief from the Court. 13 In its Reply (1997) and to its final submissions

In: The Law & Practice of International Courts and Tribunals
Author: Robin Churchill

hands doctrine did not apply “to the extent that such a doctrine may exist in international law” (a matter on which the Tribu- nal carefully examined the relevant evidence). 110 First, Guyana was not seek- ing a remedy of the type to which the clean hands doctrine applied, “even if it were recognised as

In: The International Journal of Marine and Coastal Law
Author: Peter Tzeng

owed only to the authorizing State, not to the home State of the investor. On the other hand, if the investor’s home State is the authorizing State, then it is not clear whether the claim could be precluded on the ground of the clean hands doctrine or the principle of inadimplenti non est adimplendum

In: The Journal of World Investment & Trade