• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

The “Сlean Hands” Doctrine on the Jurisdiction of International Investment Arbitration

Student: Albukh Anastasiia

Supervisor: Dmitry Zenkovich

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Year of Graduation: 2020

The thesis is devoted to the doctrine of "clean hands" in the practice of international investment arbitration. In accordance with the "clean hands" doctrine, to an investor, who applies to international investment arbitration for protection of their rights, may be applied negative consequences (including lacked jurisdiction over a claim), if he does not obey the law. This thesis will examine how international investment arbitration apply the "clean hands" doctrine depending on its incorporation in legal acts or agreements and a stage of investing at which the violation of laws is committed. The subject of the study includes the consequences of violation of the "clean hands" doctrine by investors, special attention will be paid to the refusal of international investment arbitration to settle a dispute due to its lack of jurisdiction.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses