Domenico Cucinotta, Author at Kluwer Arbitration Blog

Advocacy, Arbitration, Arbitrator Selection, Arbitrators, Australia, Culture, Evidence, Witness

Culture and Advocacy in International Arbitration: ACICA45 Panel Discussion

Edwina Kwan, Domenico Cucinotta, Clarence Ma (King & Wood Mallesons)/October 2, 2023September 25, 2023 /Leave a comment

ACICA 45

The rapid growth of international arbitration in the Asia-Pacific has sparked many discussions about how different cultural practices and legal traditions impact advocacy in cross-border disputes (see, for example, Global Arbitration Review’s The Guide to Advocacy). On 3 August 2023, ACICA45 and King & Wood Mallesons in Sydney hosted a session titled “Clash of Cultures…

Applicable Law, Arbitrability, Arbitration Agreements, Australia, China, Governing Law, Law governing the arbitration agreement, Validity

The Conflicting Lore of Applicable Law: How Australian and Chinese Courts Determine the Governing Law of Arbitration Agreements

Edwina Kwan, Domenico Cucinotta (King & Wood Mallesons)/January 8, 2021January 11, 2021 /Leave a comment

The doctrine of separability of arbitration agreements recognises that an arbitration clause contained in a broader agreement is separate and valid despite the invalidity of the rest of the agreement. The doctrine also raises a fundamental question: what is the governing law of the separable arbitration agreement as compared to the remainder of the contract…