I Introduction

Just as a successful general does his best to give battle on ground carefully selected by him, a good international commercial lawyer will always try to ensure by judicious use of arbitration provisions or exclusive jurisdiction clauses (EJCs for short) that if they have to fight it will be exclusively in a tribunal of their own choosing. Such clauses, however, are only as effective in so far as a party can ensure they are observed, and enforcing them is often easier said than done.