What Changed
- Hosting of the 2026 FDI Moot Global Finals in Shenzhen, the first time the global finals were held in China.
- Announcement of an ongoing reform project to update Hong Kong's UNCITRAL Model Law-based Arbitration Ordinance.
- Confirmation of cross-border mechanisms, including mutual award enforcement, interim relief in Mainland courts, and short-term visa facilitations for arbitral participants.
Background
On October 27, 2026, the Foreign Direct Investment International Arbitration Moot (FDI Moot) 2026 Globals concluded with an awards and closing ceremony held in Shenzhen. Closing remarks were delivered by the Deputy Secretary for Justice of the Hong Kong Special Administrative Region (HKSAR), Dr Cheung Kwok-kwan. The 2026 competition marked a historic milestone as the first time the Global Finals of the FDI Moot were hosted in China. The ceremony gathered prominent figures from international dispute resolution, government, and academia, including FDI Moot Founder Representative and Center for International Legal Studies Director Mr Christian Campbell, Shenzhen Court of International Arbitration (SCIA) President Dr Liu Xiaochun, Acting Director of the Legal Affairs Bureau of the Macao SAR Mr Ng Chi-kin, First Circuit Court of the Supreme People's Court Deputy Chief Judge Mr Liu Zheng, Ministry of Commerce Investment Law Division Director Mr Sun Zhao, and SCIA Council Vice Chairman Dr Anthony Neoh SC.
Hosting the FDI Moot Global Finals in Shenzhen reflects the rising prominence of the Asia-Pacific region and the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) as central forums for international investment law and cross-border dispute resolution. The competition provides practical training for law students and future legal professionals, enabling them to transition from classroom theory to the complexities of investor-state dispute settlement in global trade.
Legal Framework and Key Dispute Resolution Mechanisms
Operating under the principle of "one country, two systems", Hong Kong is the sole common law jurisdiction in China and the only bilingual common law jurisdiction in the world utilizing both Chinese and English. It serves as a connector between Mainland China and the international community. Support for Hong Kong's development as an international legal and dispute resolution services centre is enshrined in the National 15th Five-Year Plan, complemented by Hong Kong's own First Five-Year Plan and Policy Address.
Hong Kong's arbitration infrastructure relies on several core statutory frameworks and mutual cross-border arrangements:
1. UNCITRAL-Based Legal Framework: Hong Kong's primary statutory framework for arbitration is the Arbitration Ordinance, which is modeled on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. Hong Kong was ranked as the second most preferred seat of arbitration globally and the first in the Asia-Pacific region in the 2025 Queen Mary University of London International Arbitration Survey. To maintain this status, Hong Kong is embarking on a legislative reform project to update its arbitration law.
2. Mutual Award Recognition and Enforcement: Arbitral awards issued in Hong Kong are enforceable in Mainland China pursuant to an established mutual recognition and enforcement arrangement between Hong Kong and the Mainland.
3. Interim Measures Arrangement: Under the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region, parties to Hong Kong-seated arbitrations can apply directly to Mainland Chinese courts for interim measures, such as asset preservation orders.
4. Short-Term Immigration Facilitation: Under the Immigration Facilitation Scheme for Visitors Participating in Short-term Activities in Designated Sectors, non-Hong Kong residents participating in arbitral proceedings—including arbitrators, legal counsel, parties, and witnesses—may enter Hong Kong for short-term participation without obtaining a separate employment visa.
Practical Implications for Practitioners and Investors
For international businesses, legal practitioners, and cross-border investors operating in the GBA and broader Asia-Pacific region, Hong Kong's dispute resolution framework provides clear statutory and procedural certainty. The availability of court-ordered interim relief in Mainland China for Hong Kong-seated arbitrations offers significant risk mitigation by allowing asset protection during pending disputes. Furthermore, streamlined immigration rules reduce administrative overhead for foreign legal counsel and experts participating in short-term arbitration hearings held in Hong Kong.
Frequently Asked Questions
Question 1: What makes the FDI Moot 2026 Global Finals host location significant?
Answer: The 2026 event marks the first time that the FDI Moot Global Finals have been hosted in China. This demonstrates the role of the Asia-Pacific region and the Guangdong-Hong Kong-Macao Greater Bay Area as hubs for global dialogue on international investment law and cross-border dispute resolution.
Question 2: How is Hong Kong ranked as a seat of arbitration?
Answer: According to the 2025 Queen Mary University of London International Arbitration Survey, Hong Kong was ranked as the second most preferred seat of arbitration globally and the most preferred seat in the Asia-Pacific region.
Question 3: Can parties in Hong Kong arbitrations obtain interim relief in Mainland China?
Answer: Yes. Under the mutual Interim Measures Arrangement, parties involved in Hong Kong-seated arbitral proceedings can apply directly to Mainland Chinese courts for interim measures, including orders to preserve assets.
Question 4: Do foreign arbitrators or legal counsel need an employment visa for short-term arbitration work in Hong Kong?
Answer: No. Under the Immigration Facilitation Scheme for Visitors Participating in Short-term Activities in Designated Sectors, non-Hong Kong residents such as arbitrators, counsel, parties, and witnesses can enter Hong Kong for short-term participation in arbitral proceedings without needing an employment visa.
Question 5: Are there plans to update Hong Kong's arbitration legislation?
Answer: Yes. Hong Kong is embarking on a law reform project to update its Arbitration Ordinance to ensure its legal framework remains at the forefront of international arbitration practice.
Who May Be Affected
International legal practitioners, arbitrators, foreign counsel, cross-border investors, and commercial parties engaged in dispute resolution in Hong Kong and Mainland China.
Cross-Border Context
Focuses on cross-border legal mechanisms connecting Hong Kong SAR and Mainland China within the Guangdong-Hong Kong-Macao Greater Bay Area.
What to check next
- Consultations or draft bills issued by the Hong Kong Department of Justice regarding the arbitration law reform project.
- Official administrative guidance on sector eligibility under the Immigration Facilitation Scheme for short-term arbitral participants.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.