“… (3)(c). In Benkharbouche 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…”
“…appellate court into a court of first instance, and in addition referred to the authorities on changes of case in jurisdiction disputes (citing NML v Argentina [2011] UKSC 31 and Alliance Bank JSC v Aquanta[2012] EWCA Civ 1588).…”