Beautiful Virgin Islands

Saturday, Feb 28, 2026

Hong Kong, Singapore, Dubai or Nur-Sultan: Where is the Future of Asian Arbitration?

Hong Kong, Singapore, Dubai or Nur-Sultan: Where is the Future of Asian Arbitration?

With Beijing spooking some investors in Hong Kong, other Asian cities are angling for prominence as arbitration centers.
In a period of great uncertainty for globalization, where markets compete and industries can readily locate themselves, a new struggle is now underway across the emerging markets of the global East. Which city should host and preside over arbitration proceedings, when clashes between corporations play out, when states quarrel with investors, and when businesses fall out with their backers?

For decades, Hong Kong has retained a prime position with its Hong Kong International Arbitration Center (HKIAC), founded in 1985. Since then, HKIAC has handled over 9,000 arbitration cases in a trade that has brought the jurisdiction prestige, offered its legal industry an endless boon, and done much to cement Hong Kong’s role as the primary financial center of the eastern hemisphere.

In recent years though, some are questioning the continuing independence of Hong Kong’s domestic judiciary. Although the domestic system is theoretically insulated from HKIAC, the perceived interference from Beijing is spooking investors, and putting the city’s primacy as an arbitration forum into doubt, rightly or wrongly.

Sensing an opening, other emerging markets centers are seeking to capitalize and maneuver themselves into more prominent positions. Three cities – Dubai in the United Arab Emirates, Nur-Sultan in Kazakhstan and the city-state of Singapore – stand ready to compete.

The struggle with any arbitration center is to reconcile unimpeachable internal processes with a local legal system which is more often than not prejudiced toward the country’s economic elite. Dubai, for example, faced difficulties after 2004, when its Supreme Court overturned a decision by the newly founded arbitration court set up by the Dubai International Financial Center (DIFC).

The original decision by the DIFC court, which used English common law as its basis, had seen the state-owned Dubai Aviation Corporation ordered to pay $25 million to American engineering firm Bechtel. Local Emirati judges then rejected the validity of the ruling on technical grounds, invalidating its enforcement. The uproar was a disaster for the reputation of the fledgling DIFC.

In 2008, the Dubai International Finance Center then partnered with the respected London Court of International Arbitration to form a new arbitration forum - known as DIFC-LCIA. Over the years, DIFC-LCIA has continued to be accused of lacking impartiality, despite a host of British and other expert judges and arbitrators being involved to try and erase these concerns.

Nur-Sultan, the capital of Kazakhstan, faces many of the same challenges around its Astana International Finance Center (AIFC), launched in 2018 – now employing many of the same British consultants who had helped set up the DIFC-LCIA a decade earlier. As in Dubai, the Kazakh authorities seek to distinguish the AIFC clearly from a domestic court system which is not always positively viewed by outside investors, and show that when the government itself is in court, it respects the decisions made. This is unfortunately not always the case.

More than $6 billion of state assets have been frozen in several European jurisdictions as a result of Kazakhstan’s refusal to execute a Swedish arbitration court decision delivered under the Energy Charter Treaty.

The dispute, known as Tristangate (from the company Tristan Oil that was forcibly nationalized in 2010, and, as emphasized by the Swedish, American and other courts, illegally so) is seen by many as proof that the Kazakh authorities are not fully committed to the international rule of law and that the AIFC might be doomed to failure.

The remaining city angling to take on Hong Kong’s crown is Singapore. Like Dubai, the small city-state is extremely well integrated into the global financial scene, and is a hub for a number of key industries for arbitration, notably in the maritime sector. Although broadly following a national governance model like those in Dubai or Kazakhstan - concentrated around an elite - Singapore maintains a highly professionalized and independent judiciary.

An arbitration center rarely sits in a vacuum. The host government’s attitude toward international law needs to be taken into account, alongside the quality and future independence of its domestic judiciary, and willingness to deliver enforcement on decisions – even if it negatively affects the host government.

Hong Kong and Singapore have done well in attracting international arbitrations precisely because they have understood that a neutral arbitration setting is no replacement for a neutral wider court system (London has been successful for much the same reason).

Emerging markets toying with the idea of developing their own arbitration forums should consider those factors all the more carefully. Asian cities should see a great opportunity to take market share from Hong Kong’s current positioning – and with their 9,000 cases to date there is a substantial prize. This can only be achieved with consideration for what goes on within the arbitration courts, as well as what occurs outside them.
Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Dyson Reaches Settlement in Landmark UK Forced Labour Case
Barclays and Jefferies Shares Fall After UK Mortgage Lender Collapse Rekindles Credit Market Concerns
Play Exploring Donald Trump’s Rise to Power by ‘Lehman Trilogy’ Author to Premiere in the UK
Man Arrested After Churchill Statue Defaced in Central London
Keir Starmer Faces Political Setback as Labour Finishes Third in High-Profile By-Election
UK Assisted Dying Bill Set to Fall Short in Parliament as Regional Initiatives Gain Ground
UK Defence Ministry Clarifies Position After Reports of Imminent Helicopter Contract
Independent Left-Wing Plumber Secures Shock Victory as Greens Surge in UK By-Election
Reform UK Refers Alleged ‘Family Voting’ Incidents in By-Election to Police
United Kingdom Temporarily Withdraws Embassy Staff from Iran Amid Heightened Regional Tensions
UK Government Reaches Framework Agreement on Release of Mandelson Vetting Files
UK Police Contracts With Israeli Surveillance Firms Spark Debate Over Ethics and Oversight
Spain to Conduct Border Checks on Gibraltar Arrivals Under New Post-Brexit Framework
Engie Shares Jump After $14 Billion Agreement to Acquire UK Power Grid Assets
BNP Paribas Overtakes Goldman Sachs in UK Investment Banking League Tables
Geothermal Project to Power Ten Thousand Homes Marks UK Renewable Energy Milestone
UK Visa Grants Drop Nineteen Percent in 2025 as Migration Controls Tighten
Barclays and Jefferies Among Banks Exposed to Collapse of UK Mortgage Lender MFS
UK Asylum Applications Edge Down in 2025 Despite Rise in Small Boat Crossings
Jefferies Reports Significant Exposure After Collapse of UK Lender MFS
FTSE 100 Reaches Fresh Record Highs as Major Share Buybacks and Earnings Lift London Stocks
So, what's happened is, I think, government policy, not just under Labour, but under the Conservatives as well, has driven a lot of small landlords out of business.
Larry Summers, the former U.S. Treasury Secretary, is resigning from Harvard University as fallout continues over his ties to Jeffrey Epstein.
U.S. stocks ended higher on Wednesday, with the Dow gaining about six-tenths of a percent, the S&P 500 adding eight-tenths of a percent, and the tech-heavy Nasdaq climbing roughly one-and-a-quarter percent.
From fears of AI-fuelled unemployment to Big Tech's record investment, this is AI Weekly.
Apple just dropped iOS 26.4.
US Lawmakers Seek Briefing from UK Over Reported Encryption Order Directed at Apple
UK Business Secretary Calls on EU to Remove Trade Barriers Hindering Growth
Legal Pathways for Removing Prince Andrew from Britain’s Line of Succession Examined
PM Netanyahu welcome India PM Narendra Modi to Israel
Shadow Diplomacy: How Harry and Meghan’s Jordan Trip Undermines the Monarchy
Britain’s Channel Crisis: Paying Billions While the Boats Keep Coming
Downing Street’s Veteran Deception Scandal
UK HealthCare Expands ‘Food as Health’ Initiative Statewide to Tackle Chronic Illness in Kentucky
Leonardo Chief Says UK Set to Decide on New Medium Helicopter Programme
UK Slows Chagos Islands Agreement After Concerns Raised in Washington
European and UK Stock Markets Reach Fresh Highs as Banks and Miners Lead Rally
UK Government Insists Chagos Islands Negotiations Continue After Minister’s ‘Pause’ Remark
No Confirmed Deal for Engie to Acquire UK Power Networks Amid Market Speculation
UK Reaffirms Updated Entry Requirements for Travellers as of February 25, 2026
Lord Mandelson Condemns Arrest as Driven by ‘Baseless Suggestion’ He Would Flee Abroad
Former UK Ambassador Released on Bail Following Arrest in Epstein-Linked Investigation
UK Parliament Orders Release of Former Prince Andrew’s Government Vetting Files
Reddit Fined £14 Million by UK Regulator Over Failures in Age Verification Controls
UK Moves to Tighten Regulation of Netflix, Disney+ and Prime Video Under New Media Rules
British Woman Who Reported Rape in Hong Kong Faces Possible Prosecution
UK Sanctions New Zealand Insurer Maritime Mutual Following Allegations Over Russian Oil Cover
Reform MP Danny Kruger Condemns UK’s ‘Unregulated Sexual Economy’ in Call for Tougher Controls
UK Sanctions Russian ‘Illicit Oil Traders’ After Email Blunder Exposes Sanctions Evasion Network
Russia Amplifies Baseless Claims That UK and France Plan to Arm Ukraine with Nuclear Weapons
×