An agreement between the parties to confer on one or more courts or tribunals of a Member State exclusive jurisdiction to determine disputes under the contract should be one of the factors to be taken into account in determining whether a choice of law has been clearly demonstrated.

So we encourage Canada to create a NAFTA dispute prevention committee of stakeholders to detect potential disputes between the parties and fractures in the agreement, then engage in government facilitation of the stakeholder committee to dissipate disputes and focus on the overarching objective of NAFTA to secure continental free trade (1855) Left to the legal processes alone, resolution of large trade disputes is very difficult.

Accordingly, a legal person may not, in principle, rely in proceedings before a court of a Member State on the fact that Community legislation is incompatible with certain rules of the WTO even where the Dispute Settlement Body has declared that legislation to be incompatible with such rules.

Pascal Lamy, EU Commissioner for Trade, welcomed the agreement and said: "This agreement is in line with our determination to manage trade disputes in a professional and efficient manner.

1. If the parties, one or more of whom is domiciled in a Member State, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction.

Where a part-time member is paid travel and living expenses by virtue of subsection (2), and those expenses are incurred in the course of carrying out duties and responsibilities under this Act in respect of a dispute heard or determined by the Board, the parties to the dispute shall reimburse Her Majesty in right of Canada in equal parts for the money paid to the part-time member for those expenses and that money, until paid, constitutes a debt recoverable by action in any court of competent jurisdiction as a debt due to Her Majesty in right of Canada”.