There are also a number of aspects that must be taken into account when developing a state for agreement: laws and jurisdiction clauses may ultimately alter the interpretation and application of an international treaty (i.e. in accordance with the laws of a particular country or in accordance with precedents bound by a particular court). Particular attention should therefore be paid to the wording of these clauses to ensure that there is no room for ambiguity. In addition, reference should be made to country-specific laws unless they relate to agreed existing legislation. It is helpful to seek legal advice in the development of international treaties. It is preferable for companies to be professionally advised on the form and content of a for agreement. Sooner or later, each company will also face litigation in the settlement of international trade agreements. That is why it is also necessary to reach an agreement on the competent jurisdiction to decide the dispute. Ideally, professional advice should be obtained on the form and content of existing legislation and jurisdiction clauses for a given contract. However, if this is not feasible, the principles outlined above can help to avoid some of the problems encountered. A jurisdiction clause therefore stipulates that the parties have given their consent to the courts of a designated country that assumes jurisdiction over all disputes (i.e. the right to be heard). Any provision or agreement contrary to this rule is considered unwritten. 5 Exclusive jurisdiction clauses choose a jurisdiction and a single jurisdiction whose disputes arising from the contract will be judged by the courts.

Canadian courts generally maintain exclusive foreign jurisdiction clauses, unless the party challenging the clause demonstrates a “strong cause” of not applying the clause and authorizing legal action in Canada. b) Nothing in this clause limits the right of Part A to bring an action against Part B before another competent court, and the application or continuation of proceedings in one or more jurisdictions does not precludes the application of proceedings in another jurisdiction, whether concurrent or not, if and to the extent that existing legislation permits. If there is no effective jurisdiction clause, the appropriate forum for resolving a dispute is decided by referring to the rules of private international law1.1 This can create uncertainty and inconvenience and result in additional costs and delays in proceeding.