If jurisdiction was handled as a preliminary matter, it would not have stalled anything in this case because dates had already been set. If, on the other hand, the jurisdiction issue had been raised before dates had been set, then the court might have suspended the hearing pending a determination of the jurisdiction issue, which would have been a negative if it could have occurred here.

As to BIT Article Xll, this does not mean Vz would always lose a jurisdcition issue. There are valid grounds, not applicable here, where the suing corporation might not be part of a memeber state under some very technical arguments, in which case Vz could win on he jurisdiction issue.

I think we understand each other.