The Doctrine of 'Clean Hands' and the Inadmissibility of Claims by Investors Breaching International Human Rights Law

10(1) Transnational Dispute Management Special Issue: Aligning Human Rights and Investment Protection, January 2013

11 Pages Posted: 4 Mar 2014

See all articles by Patrick Dumberry

Patrick Dumberry

University of Ottawa - Civil Law Section

Gabrielle Dumas-Aubin

University of Ottawa - Faculty of Law

Date Written: March 3, 2014

Abstract

This first part of this short paper briefly examines how arbitral tribunals in the context of investor-state arbitration have already made use of the clean hands doctrine to determine questions of admissibility/jurisdiction involving illegal conduct by an investor. The second part focuses on how tribunals should in the future make use of the “clean hands” doctrine to find inadmissible claims involving human rights violation.

Keywords: human rights, clean hands doctrine, investor-state arbitration, admissibility, jurisdiction, ICSID

Suggested Citation

Dumberry, Patrick and Dumas-Aubin, Gabrielle, The Doctrine of 'Clean Hands' and the Inadmissibility of Claims by Investors Breaching International Human Rights Law (March 3, 2014). 10(1) Transnational Dispute Management Special Issue: Aligning Human Rights and Investment Protection, January 2013, Available at SSRN: https://ssrn.com/abstract=2404058

Patrick Dumberry (Contact Author)

University of Ottawa - Civil Law Section ( email )

57 Louis Pasteur Dr
Ottawa
Canada

HOME PAGE: http://www.droitcivil.uottawa.ca/index.php?option=com_contact&task=view&contact_id=148&Itemid=118

Gabrielle Dumas-Aubin

University of Ottawa - Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, Ontario K1N 6N5
Canada

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