(Un)Clean Hands in International Investment Arbitration: Some Cleaning Required?

Abstract

The aim of the paper is to examine the so-called doctrine of clean hands frequently utilized as a defence in Investor-State arbitration procedures under international investment agreements in cases, where the law of the host State has been violated. The paper thus provides a historical and comparative context of the doctrine at hand stemming from the common law tradition. Furthermore, it scrutinizes the status of the doctrine under contemporary international law by analysing the scholar views, as well as the jurisprudence of international bodies.