Agreement to Arbitrate shall be considered valid unless there is no other evidence. The Arbitral Tribunal has the power to decide on the defences related to its non-jurisdiction including defences related to the existence of an Agreement to Arbitrate, its validity or that it does not include the subject of dispute. The Arbitral Tribunal may decide to examine any of those defences before deciding on the subject matter as a primary matter or it may include it with the subject and to decide on both of them together. The defences referred to in the previous paragraph shall be dealt with before dealing with the subject of the dispute. In all cases the Arbitral Tribunal shall accept the late defences referred to in this Article if it deemed delay is justified. The Arbitral Tribunal shall consider the validity of the Agreement to Arbitrate even if it was not within the demands of both arbitration parties.