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Finding Clarity amidst Confusion: Cleaning up the Clean Hands Doctrine in International Investment Law

Liew Dominic Jr

(2020) 32 SAcLJ 643

The international investment regime has come a long way since its inception. However, it has also come under increasing fire for, amongst others, conflicting investor–State tribunal decisions and the corresponding lack of legal certainty. These, in turn, adversely affect the attractiveness of the international investment regime. A prime example would be investor–State tribunals’ inconsistent treatment of the clean hands doctrine, which has generated a great deal of confusion. This article hopes to provide clarity on the applicability, scope, and effect of the doctrine under international investment law through a thorough examination of the existing jurisprudence.