SOCIETE NATIONALE D'OPERATIONS PETROLIERES DE LA COTE D'IVOIRE - HOLDING (acting on behalf of Petroci Exploration Production S.A.) (Plaintiff) v KEEN LLOYD RESOURCES LIMITED (Defendant)

Read the full judgment text of HCCT55/2001 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 20 December 2001 before Hon Burrell J.

Arbitration — Enforcement of foreign arbitral awards — Arbitration Ordinance Cap.341 Part IV — Section 44(2)(f) — Whether foreign award is binding if appeal proceedings to set aside commenced in country of origin — Interpretation of 'binding' under the New York Convention and local law — Distinction between appeals on merits and applications to set aside — ICC arbitration rules affirm award finality — French domestic law permits only limited appeals to set aside, not merits appeals — Court adopts pro-enforcement approach respecting finality and comity — Defendant failed to establish award not binding due to French appeal — Enforcement in Hong Kong allowed despite French stay of enforcement — Costs order nisi made in favour of plaintiff.

Legal issues: Whether foreign arbitral award is binding under s.44(2)(f) of Cap.341

Outcome: Defendant's summons to refuse enforcement dismissed; award held binding and enforceable.