1. This is the defendant’s (“Pertamina”) appeal against the order of Burrell J, made as long ago as 27 March 2003, dismissing Pertamina’s application to set aside his order dated 15 March 2002, granting leave to the plaintiff (“KBC”) to enforce an arbitration award dated 18 December 2000 (“the Award”) in the same manner as a judgment.

2. The award was made in Geneva on 18 December 2000 under the UNCITRAL Rules. Burrell J held, and it is not disputed on appeal, that the lex arbitri is Swiss law and that the supervisory court is the Swiss court.

3. There has been delay in the hearing of this appeal because of other proceedings between the parties in different jurisdictions. The result of those proceedings is that KBC has now been fully paid the full arbitral award. US$900,000 of which was recovered in the enforcement proceedings in Hong Kong. Hence, the result of this appeal will have consequence to the parties.