Navigating Arbitration in Hong Kong: Myths, Realities and Opportunities for Korean Investors 

<p>This article addresses common misconceptions among Korean investors regarding the suitability of Hong Kong as a venue for international arbitration. Given the strong economic ties between South Korea and China, many Korean businesses rely on Hong Kong as a key hub for structuring cross-border transactions and resolving disputes. However, concerns persist regarding Hong Kong’s legal framework, arbitration system, and judicial impartiality.</p> <p>The article debunks four prevalent myths: (1) that Hong Kong law is an unsuitable governing law for commercial disputes, (2) that Hong Kong-seated arbitrations lack effective interim measures for disputes involving Mainland Chinese assets, (3) that Hong Kong’s judiciary is biased in favour of Mainland Chinese parties, and (4) that arbitral awards from Hong Kong are difficult to enforce in Mainland China. Through legal analysis and statistical evidence, the authors demonstrate Hong Kong’s strengths as a pro-business common law jurisdiction, its well-established arbitration infrastructure, and its unique advantages under the PRC-HK Interim Measures Arrangement and mutual enforcement mechanisms.</p> <p>By clarifying these issues, the article provides practical insights for Korean investors seeking to navigate dispute resolution involving Hong Kong, China, and Korea, highlighting Hong Kong’s strategic role in international arbitration.</p>