“…harbouche at [10] Lord Sumption JSC described commercial activity as “widely defined”; Lord Mance JSC in NML Capital Ltd v Republic of Argentina[2011] UKSC 31, [2011] 2 AC 495 said at [86] that the drafters of the Act took extreme care to define the concept of commercial transactions in section 3 “in the widest terms”. In Kuwait Airw…”
“…er parts of the judgment of Stanley Burnton J in AIC were adversely commented on by some members of the Supreme Court in NML Capital Ltdv Republic of Argentina [2011] 2 AC 495 but there was no comment about the passage cited above.…”