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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.
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