Asia-Pacific investors spent the first half of 2026 relearning an old lesson: capital does not move as one region. It moves jurisdiction by jurisdiction, shaped as much by a single implementing decree or a screening committee's mood as by the macro headlines. At a private roundtable of cross-border counsel from more than a dozen jurisdictions held in Shenzhen in June 2026, that lesson came through clearly. Practitioners on the ground described a region where liquidity is returning, but unevenly, and where the legal architecture around foreign investment is being actively rewritten in real time — sometimes to open doors, sometimes to install new checkpoints at them.
The macro backdrop supports that reading. Regional private capital deal value reached roughly USD 72 billion across 724 transactions by mid-June 2026, a resilient showing given that the monetary easing many had expected proved shallower and more fragmented than forecast at the start of the year, disrupted in part by the US–Iran conflict and its knock-on effects on energy prices and shipping through the Strait of Hormuz. Exit activity, meanwhile, has genuinely strengthened, with IPO-driven realisations pushing venture-backed exit value past USD 80 billion in the first half — but that recovery is concentrated in older, larger, and more mature assets rather than broad-based across the market. Put simply: the money is coming back, but it is being more selective about where it lands, and it is landing inside legal frameworks that look meaningfully different from a year ago.
This piece draws on those roundtable discussions — without attributing views to particular firms — to trace what is actually changing on the ground, jurisdiction by jurisdiction, and to substantiate those observations against the laws, decrees, and regulatory actions of 2025 and 2026 that are driving them. We group our observations by sub-region, because the drivers genuinely differ: South Asia's story is about scale and federalism; mainland Southeast Asia is about speed and control; maritime Southeast Asia is about diversification and value capture; and Northeast Asia is about screening and security.
South Asia: scale, states, and structural repair
India remains the sub-region's centre of gravity, but the persistent message from practitioners is that treating India as a single market is a category error. With 36 distinct state and union-territory jurisdictions, each retaining its own administrative and regulatory authority beneath the central government's broad policy vision, cross-border investors need to map both the federal and the state layer before committing capital — particularly in infrastructure and energy, which remain the sub-region's most active sectors. This is not a new observation, but it has taken on fresh weight in 2026 as more capital chases India's clearer exit pathways relative to peers; the IPO of the National Stock Exchange, for instance, has become a reference point that other GP-led secondary structures in the region are being built around.
Pakistan illustrates a different kind of structural repair — privatisation as an investment-attraction tool in its own right. The government completed the sale of a 75 percent stake in Pakistan International Airlines to an Arif Habib-led consortium in a transaction finalised through 2025 and 2026, with the buyer committing to invest further capital into the carrier and the government building in a 15-year tax exemption on aircraft equipment and leasing to make the deal bankable — concessions written into the Finance Bill 2026–27 under IMF-cleared terms. That transaction is now the template for the next phase: privatisation of three power distribution companies, with 51 to 100 percent of shares slated for sale to private investors under IMF programme commitments targeting completion by early 2027. Alongside this, EV manufacturing investment from China and South Korea is accelerating, and data centre and fintech investment — roughly USD 250 million, much of it Chinese-linked — is moving into a deregulating crypto space. For investors, the throughline is that Pakistan's investment story in 2026 is being written through state-asset divestment rather than through new incentive legislation, which changes the diligence focus toward transaction-specific concessions rather than general statutory frameworks.
Bangladesh and Sri Lanka sit at earlier stages of similar repair narratives. Bangladesh's Investment Development Authority has been actively simplifying investment procedures and working to stabilise currency exchange specifically to attract Chinese capital into green and export-oriented manufacturing. Sri Lanka is unbundling state assets, particularly in energy, with private investment expected to accelerate the shift from localised to sustainable renewable generation, and ports connecting east–west trade routes remain a strategic draw — though counsel flagged that a slow court system keeps the door open for cross-border arbitration as the more practical dispute route for investors structuring around that risk.
Mainland Southeast Asia: legal reform as an investment product
Vietnam is the clearest example in the region of a government treating regulatory speed itself as an investment incentive. The Law on Investment 2025, which took effect in stages through the year, and its implementing Decree 96/2026/ND-CP, introduced a "special investment procedure" fast-track: for projects in industrial zones, high-tech parks, and free trade zones, investors can now obtain an Investment Registration Certificate in 15 working days, down from the six-to-nine-month timeline under the prior regime — a roughly 75 percent reduction achieved by shifting from pre-approval appraisals (construction, environmental, technology transfer, fire safety) to a post-establishment monitoring model in which the investor commits to compliance and bears the risk of non-conformance. The reform also decentralises approval authority to provincial-level People's Committees, extending investment incentive area designations down to the commune level for the first time. Roundtable practitioners were candid about the trade-off: a new government genuinely committed to simplifying procedure and pushing decision-making closer to the ground has, inevitably, produced inconsistent application across provinces, and gaps in areas like closing mechanics that vary by business type, asset class, and investment size. Encouragingly for investors weighing tariff and expropriation risk, no confiscatory or retroactive tariff policy has been recorded in Vietnam over the past two years, and AI regulation is now an active area of legislative development alongside continued encouragement of private investment in airports, tech start-ups, and data centres.
Cambodia and Laos illustrate the more constrained end of mainland Southeast Asia's investment climate. Cambodia has tightened local hiring mandates — investors must now submit five-year workforce development plans — alongside sweeping crackdowns on illicit online operations and heightened oversight of outbound capital flows from China. Laos, by contrast, has genuine structural upside in the China–Laos Railway, which has converted a landlocked economy into one with logistics access via the broader China corridor, though debt levels and a comparatively underdeveloped legal framework remain live risk factors that counsel flagged as needing continued monitoring. Myanmar's investment climate remains defined by three intersecting constraints — political turbulence, foreign currency shortages, and a labour force that has roughly halved from 20 million to 10 million — though the new government's recent relaxation permitting RMB and foreign currency transactions is a modest but real signal of intent.
Thailand's story is one of political risk decoupling from investment appetite: instability persists, but the majority of projects approved through 2027 remain on track, including continued Chinese consumer and investment activity, with data centre investment a particular focus. The main friction point flagged by practitioners was a restrictive holding and nominee structure issue that is being worked through rather than a fundamental change in approval process, which remains comparatively straightforward.
Maritime Southeast Asia: diversification, resource nationalism, and financial hubs
Indonesia is undergoing the sub-region's most structurally significant regulatory shift. Government Regulation No. 24 of 2026 on the Governance of Exports of Strategic Natural Resource Commodities mandates a "single-gate" export mechanism, routing all exports of coal, crude palm oil, and ferroalloys through PT Danantara Sumberdaya Indonesia, a subsidiary of the state's sovereign wealth fund, from September 2026, with full enforcement from January 2027. The stated rationale — closing an estimated USD 908 billion in revenue lost to under-invoicing and transfer pricing since 1991, and stabilising the rupiah — sits alongside the government's broader "Indonesia Incorporated" push to move up the value chain, building on the earlier ban on raw nickel ore exports that helped grow Indonesian nickel export value roughly tenfold between 2018 and 2024. For investors, this matters directly: contracts that previously ran investor-to-producer must now clear through a state gateway, and nickel industry participants have voiced concern that the mechanism — while addressing legitimate leakage problems — could complicate the economics of ongoing expansion projects if execution is not managed carefully. Roundtable counsel noted this as a genuine watch item alongside rupiah volatility, even as digital sector, e-commerce, and data centre investment remain active growth areas and EV and trading activity continues.
Malaysia has taken the opposite regulatory approach — replacing product-based incentives with an outcomes-based scoring system. The New Incentive Framework, effective for manufacturing applications from 1 March 2026 under the Ministry of International Trade and Industry, replaced the Promotion of Investment Act 1986's Pioneer Status and Investment Tax Allowance regime with a framework that scores projects against measurable contributions — wages, skilled employment, local sourcing — to Malaysia's National Investment Aspirations and New Industrial Master Plan 2030. Qualifying investments can access a Special Tax Rate reducing corporate income tax to between 0 and 10 percent for up to 15 years (up to 15 percent in less-developed regions), a direct legislative expression of the shift practitioners flagged from import-dependence toward domestic high-value manufacturing — a shift several noted is still underappreciated by investors outside the region. That framework, alongside continued momentum in data centres and energy, and inbound activity from names like Microsoft, Google, and BYD's EV expansion, is layered against Malaysia's parallel implementation of a Global Minimum Tax floor from 2025, meaning incentive benefits must now be assessed against a 15 percent effective tax rate backstop. Elections on the horizon remain the principal watch item for policy continuity.
The Philippines continues to build out its services, fintech, and digital infrastructure investment base, with renewable energy activity constrained mainly by nationality restrictions on land ownership. The regulatory pipeline here is still forming rather than settled: an AI statute — currently contesting House Bills 7396 and 7913, which would establish a centralised AI Development Authority — and cybersecurity legislation remain pending in Congress rather than enacted, meaning investors should treat the current environment as pre-regulatory rather than assume settled rules. Practitioners were candid that "misimplementation," not the law on the books, is the more practical risk in the Philippines, underscoring that relationships and process discipline matter as much as statutory compliance.
Singapore has been a clear beneficiary of instability elsewhere in the region, drawing increased capital inflows, a strengthening currency, and continued growth in family offices, funds, and wealth management activity. That positioning as a capital-safe-haven, rather than any single new statute or incentive, is Singapore's defining 2026 story relative to its more actively legislating neighbours.
Northeast Asia: security screening tightens even as capital returns
South Korea presents the sharpest illustration in the region of security-driven friction colliding with genuine investment demand. Chinese direct investment into South Korea, including in the semiconductor sector, grew significantly through 2026, but authorities have simultaneously and materially tightened the national security review architecture around inbound investment. Amendments to the Foreign Investment Promotion Act's enforcement decree — effective in stages from 2024 and continuing into 2025 — now permit administrative agencies to initiate security screening even where a mandatory filing is not otherwise triggered, and a further FIPA amendment bill working through 2025 substantially expands the scope of "national security" review to explicitly capture semiconductors, AI, and emerging technologies, not just defence. Separately, amendments to South Korea's National Core Technology framework, effective July 2025, now require entities holding technologies developed with government R&D funding to obtain prior Ministry approval before any related foreign investment or export, extending well beyond formal defence sectors into displays, electronics, automotive, shipbuilding, and biotechnology. The result, as roundtable counsel described it, is a rebound in investment sentiment actively frustrated by regulatory caution — only a small number of transactions were cited as having proceeded to take advantage of current conditions — even as South Korea's underlying deal timeline, once perceived as a discount relative to regional peers, is now being recognised and addressed at the policy level. For investors, the practical implication is straightforward: pre-filing national security assessments are no longer optional diligence steps in Korean technology transactions but a precondition to viable deal timing.
China Macao's gaming sector remains the dominant investment theme, and — notably — there are no local restrictions on cross-border investment structures, with demand for such vehicles reported as increasing.
Macao SAR aside, the wider Greater China picture — set out more fully in PitchBook's own midyear research — is one of continuing domestic consolidation, with RMB-denominated fundraising accounting for roughly 90 percent of capital raised in 2026 and nondomestic investors increasingly concentrated in a narrow set of high-value AI transactions rather than broad market participation, a pattern consistent with what King & Wood Circle Forum practitioners described as capital increasingly needing strategic or technological justification to clear entry barriers in the region's largest economy.
Common themes: what investors should actually take from this
Three threads run through jurisdictions that otherwise look nothing alike.
Speed is now a competitive variable, not just a convenience. Vietnam's 15-day fast-track and Malaysia's outcomes-scored incentive framework are both, at bottom, attempts to compete for the same pool of capital by reducing the time and uncertainty between commitment and operation. Where that speed is delivered through decentralisation — as in Vietnam — it comes bundled with the risk of inconsistent provincial application, which counsel should build into transaction timelines rather than treat as an edge case.
Screening and state control are tightening in exactly the sectors attracting the most capital. South Korea's expanded national security review and Indonesia's single-gate export mandate look unrelated on the surface — one is a technology-security regime, the other a commodity-revenue mechanism — but both represent governments inserting a new state checkpoint into transaction structures that, a cycle ago, would have cleared with materially less friction. Investors targeting semiconductors, AI, or strategic natural resources anywhere in the region should now assume an additional approval layer as the base case, not the exception.
The exit and liquidity recovery are real, but it is not lifting all jurisdictions or all deal sizes equally. The broader PitchBook data bears this out at the macro level — median PE exit size in Asia-Pacific nearly doubled year-on-year to over USD 318 million in the first half of 2026, while median time to exit for venture-backed companies stretched to a record 6.3 years — and it maps closely onto what practitioners described jurisdiction by jurisdiction: capital and liquidity are flowing first to the largest, most mature assets and the clearest legal frameworks (India's IPO market, Vietnam's fast-track zones, Malaysia's scored incentives), while smaller markets and earlier-stage opportunities continue to wait for that recovery to broaden.
For counsel advising cross-border investors into the second half of 2026, the practical message from the King & Wood Circle Forum discussions is less about which jurisdiction is "open" or "closed" and more about matching deal structure to each jurisdiction's specific new mechanism — a 15-day track in Vietnam, a scoring matrix in Malaysia, a state export gateway in Indonesia, a pre-filing security assessment in South Korea. The region's investment law is not static this year; it is being actively rebuilt, jurisdiction by jurisdiction, and the firms that read those individual mechanisms correctly will be the ones that convert the region's returning liquidity into completed transactions.
* This article draws on discussions from the King & Wood Circle Forum, Shenzhen, June 2026, and does not attribute specific views to individual firms or jurisdictions' representatives. Regional deal and exit data is drawn from PitchBook's "2026 APAC Private Capital Outlook: Midyear Update" (June 2026).
Source: King & Wood
Authors:
- Hanim Hamzah, International Partner, International Projects Group, hanim.hamzah@cn.kingandwood.com; Areas of Practice:Banking & Finance, Corporate, Mergers & Acquisitions, Energy and Natural Resources
- Zhao Jingchuan, Partner, International Projects Group, zhaojingchuan@cn.kingandwood.com; Areas of Practice:cross-border M&A and other corporate matters, involving energy, agriculture, food and beverage, semiconductor, lottery and manufacturing industries
Disclaimer: This article is provided for general informational purposes only and is current as of August 2026. It does not constitute legal advice and should not be relied upon as a substitute for advice on specific facts and circumstances. No liability is accepted for any loss arising from reliance on this article. For advice on a specific matter, please contact the authors above or your usual King & Wood contact.

