Yukos universal limited (isle of man) v the Russian federation: the state of the �unclean hands� doctrine in international investment law: yukos as both omega and alpha

llamzon, aloysius;

The Tribunal in Yukos v Russian Federation was not persuaded that there exists a �general principle of law recognized by civilized nations�, within the meaning of Article 38(1)(c) of the ICJ Statute, that would bar an investor from making a claim before a tribunal under an investment treaty because it has so-called �unclean hands. At first glance, the treatment of the �unclean hands� doctrine4 in the Final Award in Yukos is bracingly decisive, if conservative. The Tribunal was unambiguous in its refusal to recognize the doctrine as a general principle of international law based largely on an insufficient recognition of the principle by international courts and tribunals.