“…y by a very experienced Commercial Court judge, entirely in line with the exhortation by Davis LJ in Kaefer Aslamientos SA de CV v AMS Drilling Mexico SA de CV [2019] EWCA Civ 10 at [124] that judgments in such cases should so far as possible be concise.…”
“…In case this approach (based upon my understanding of Green LJ’s reference [in Kaefer Aislamientos SA de CV v AMS Drilling Mexico[2019] EWCA Civ 10, [2019] 1 WLR 3514] to the ‘evidential mix’) is wrong and the matter is a pure question of construction I have also considered whether it is appropriate to ‘gr…”
“…In Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA de CV [2019] EWCA Civ 10, Green LJ said at [70] to [80] that Lord Sumption’s formulation of the test in Brownlie, approved by the Supreme Court in Goldman Sachs International v Novo Ba…”