Domenico Cucinotta

Senior Associate

Sydney, Australia

Domenico’s practice spans all aspects of cross-border dispute resolution, utilising litigation, international and domestic arbitration and other forms of alternative dispute resolution to find a tailored strategy for his clients. Domenico is adept at navigating complex and high-value international disputes, often across multiple courts or tribunals in parallel. While he has experience of disputes on every continent, Domenico has recently handled multiple disputes involving parallel proceedings in Australia, China and the USA.

In addition to his expertise in both public and private international law, Domenico has deep experience acting in disputes involving States and State-Owned Entities, including on questions of sovereign immunity.

Domenico is recognised for his expertise and thought-leadership in investment treaty and commercial arbitration, having practiced in Australia, Hong Kong, London, The Hague and Paris. Domenico has acted as counsel, advocate, or tribunal assistant on more than 25 arbitrations (including at least 10 investment treaty arbitrations) under the UNCITRAL, ICSID, SCC, ICC, LCIA, HKIAC, SIAC and ACICA rules.  

Domenico is ranked as a Rising Star by Legal 500: Dispute Resolution: Arbitration, 2022 - 2024. He is also a lecturer in international law, international arbitration and international investment law at the University of Sydney and publishes frequently on these topics.

Domenico's work highlights include:

  • Chinese SOE: acting as co-lead counsel in the successful defence of a $115 million arbitration under the ICC Rules (Hong Kong seat) for a Chinese SOE in the technology sector.
  • Chinese SOE: in a Singapore seated arbitration under the ICC Rules relating to a joint venture dispute with a French SOE in the energy sector.
  • Chinese SOE: in defending proceedings before the Supreme Court of New South Wales, including in respect of an interlocutory application challenging the jurisdiction of the NSWSC on forum non conveniens grounds.
  • Tethyan Copper Company: in proceedings to enforce a US$6 billion ICSID award against the Islamic Republic of Pakistan in the Federal Court of Australia.
  • Chinese technology corporation: in proceedings before the Federal Court of Australia in relation to a camera manufacturing dispute. KWM successfully obtained a final anti-anti-suit injunction and defeated a forum non conveniens application in relation to parallel proceedings in Australia and the USA.
  • US pharmaceutical corporation: in proceedings before the Federal Court of Australia. KWM successfully resisted an anti-suit injunction in respect of parallel proceedings in the USA and obtained security for costs against the Australian counterparty.
  • Korean EPC contractor: in $1b ICC arbitration proceedings against a Japanese entity arising from a dispute over delays and defects in respect of the construction of a floating production storage and offloading unit.  

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