In the common law, a common sense test is followed. An agreement limiting trade is valid if: no one can contractually exclude himself from the protection of the Tribunal. The citizen has the right to have his position determined by the ordinary courts, unless, subject to the treaty, there is a valid and binding arbitration clause under the law; where the parties agree on the jurisdiction in which the dispute relating to the treaty is to be settled. Lowe v. Peers set a precedent in the Marriage Limitation Act. In this case, the defendant argued that if he married someone other than the plaintiff, he would give her £1,000 within three months of her marriage. Such an agreement is inconclusive. Under Article 28, an agreement limiting the period within which a Contracting Party may assert its rights is, in this respect, unconstitutional. .