Saudi Press

Saudi Arabia and the world
Thursday, Dec 04, 2025

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

Saudi Press
0:00
0:00
Close
As Trump Deepens Ties with Saudi Arabia, Push for Israel Normalization Takes a Back Seat
Thai Food Village Debuts at Saudi Feast Food Festival 2025 Under Thai Commerce Minister Suphajee’s Lead
Saudi Arabia Sharpens Its Strategic Vision as Economic Transformation Enters New Phase
Saudi Arabia Projects $44 Billion Budget Shortfall in 2026 as Economy Rebalances
OPEC+ Unveils New Capacity-Based System to Anchor Future Oil Output Levels
Will Saudi Arabia End Up Bankrolling Israel’s Post-Ceasefire Order in Lebanon?
Saudi Arabia’s SAMAI Initiative Surpasses One-Million-Citizen Milestone in National AI Upskilling Drive
Saudi Arabia’s Specialty Coffee Market Set to Surge as Demand Soars and New Exhibition Drops in December
Saudi Arabia Moves to Open Two New Alcohol Stores for Foreigners Under Vision 2030 Reform
Saudi Arabia’s AI Ambitions Gain Momentum — but Water, Talent and Infrastructure Pose Major Hurdles
Tensions Surface in Trump-MBS Talks as Saudi Pushes Back on Israel Normalisation
Saudi Arabia Signals Major Maritime Crack-Down on Houthi Routes in Red Sea
Italy and Saudi Arabia Seal Over 20 Strategic Deals at Business Forum in Riyadh
COP30 Ends Without Fossil Fuel Phase-Out as US, Saudi Arabia and Russia Align in Obstruction Role
Saudi-Portuguese Economic Horizons Expand Through Strategic Business Council
DHL Commits $150 Million for Landmark Logistics Hub in Saudi Arabia
Saudi Aramco Weighs Disposals Amid $10 Billion-Plus Asset Sales Discussion
Trump Hosts Saudi Crown Prince for Major Defence and Investment Agreements
Families Accuse OpenAI of Enabling ‘AI-Driven Delusions’ After Multiple Suicides
Riyadh Metro Records Over One Hundred Million Journeys as Saudi Capital Accelerates Transit Era
Trump’s Grand Saudi Welcome Highlights U.S.–Riyadh Pivot as Israel Watches Warily
U.S. Set to Sell F-35 Jets to Saudi Arabia in Major Strategic Shift
Saudi Arabia Doubles Down on U.S. Partnership in Strategic Move
Saudi Arabia Charts Tech and Nuclear Leap Under Crown Prince’s U.S. Visit
Trump Elevates Saudi Arabia to Major Non-NATO Ally Amid Defense Deal
Trump Elevates Saudi Arabia to Major Non-NATO Ally as MBS Visit Yields Deepened Ties
Iran Appeals to Saudi Arabia to Mediate Restart of U.S. Nuclear Talks
Musk, Barra and Ford Join Trump in Lavish White House Dinner for Saudi Crown Prince
Lawmaker Seeks Declassification of ‘Shocking’ 2019 Call Between Trump and Saudi Crown Prince
US and Saudi Arabia Forge Strategic Defence Pact Featuring F-35 Sale and $1 Trillion Investment Pledge
Saudi Sovereign Wealth Fund Emerges as Key Contender in Warner Bros. Discovery Sale
Trump Secures Sweeping U.S.–Saudi Agreements on Jets, Technology and Massive Investment
Detroit CEOs Join White House Dinner as U.S.–Saudi Auto Deal Accelerates
Netanyahu Secures U.S. Assurance That Israel’s Qualitative Military Edge Will Remain Despite Saudi F-35 Deal
Ronaldo Joins Trump and Saudi Crown Prince’s Gala Amid U.S.–Gulf Tech and Investment Surge
U.S.–Saudi Investment Forum Sees U.S. Corporate Titans and Saudi Royalty Forge Billion-Dollar Ties
Elon Musk’s xAI to Deploy 500-Megawatt Saudi Data Centre with State-backed Partner HUMAIN
U.S. Clears Export of Advanced AI Chips to Saudi Arabia and UAE Amid Strategic Tech Partnership
xAI Selects Saudi Data-Centre as First Customer of Nvidia-Backed Humain Project
A Decade of Innovation Stagnation at Apple: The Cook Era Critique
President Trump Hosts Saudi Crown Prince Mohammed bin Salman in Washington Amid Strategic Deal Talks
Saudi Crown Prince to Press Trump for Direct U.S. Role in Ending Sudan War
Trump Hosts Saudi Crown Prince: Five Key Takeaways from the White House Meeting
Trump Firmly Defends Saudi Crown Prince Over Khashoggi Murder Amid Washington Visit
Trump Backs Saudi Crown Prince Over Khashoggi Killing Amid White House Visit
Trump Publicly Defends Saudi Crown Prince Over Khashoggi Killing During Washington Visit
President Donald Trump Hosts Saudi Crown Prince Mohammed bin Salman at White House to Seal Major Defence and Investment Deals
Saudi Arabia’s Solar Surge Signals Unlikely Shift in Global Oil Powerhouse
Saudi Crown Prince Receives Letter from Iranian President Ahead of U.S. Visit
Saudi Arabia’s Crown Prince Begins Washington Visit to Cement Long-Term U.S. Alliance
×