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An analysis of the travaux préparatoires of article 16 demonstrates that there was an overriding focus to strike a balance between providing a wide scope to the tribunal’s discretion and recourse to the courts when necessary. In that context, the key issues discussed were: (1) deciding on the ‘force’ attached to a tribunal’s power to rule on its own competence under article 16(1); (2) ensuring that a plea to the arbitral tribunal’s jurisdiction was made without a delay under article 16(2); and (3) the meaning of ‘preliminary question’ when considering the tribunal’s adjudicatory powers under article 16(3).
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