“…Finally, Mr Ciumei referred us to two other shipping cases – The Sagona [1984] 1 Ll Rep 194 and Petroleo Brasileiro SA v ENE Kos 1 Ltd [2012] UKSC 17, [2012] 2 AC 164 (“ENE Kos”). I take them in turn.…”
“…etermined by the language of the clause which the parties have chosen, having regard to the context and purpose of the clause. As Lord Sumption said in The Kos [2012] UKSC 17, [2012] 2 AC 64 at [12]:…”