Episode 3 – Clean Hands
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Episode 3 – Clean Hands
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In 2024, Yueming Yan published an article entitled “Corruption and the (Un)Clean Hands Doctrine in Investor-State Arbitration: Definitional and Reciprocity Challenge”. Building on the arguments that she developed in this article, we discuss the role of the clean hands doctrine in addressing corruption and other forms of investor misconduct in investment arbitration. We consider the contribution of the award in Littop v Ukraine, and we contrast Yueming’s findings with responses provided by some arbitrators regarding the existence of “clean hands” as a general principle of international law.
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