Arbitration, Arbitration Awards, Arbitration Proceedings, BIT, Bolivia, Clean Hands Doctrine, General Principles of International Law, International arbitration, Investment Arbitration
Cleansing the (Un)clean: The Ongoing Saga of the Clean Hands Doctrine
The arbitral tribunal in Glencore Finance (Bermuda) Limited v. Bolivia has recently hinted at its intent to address an old question: What is the doctrine of “clean hands” in investment arbitration? On 31 January 2018, an arbitral tribunal composed of Professor Ricardo Ramírez Hernández, Professor John Gotanda and Professor Philippe Sands issued a Procedural Order…