If such disputes cannot be settled according to the provisions of paragraph (1) within a period of three months from the date on which either party to the dispute requested amicable settlement, the Investor party to the dispute may choose to submit it for resolution:
Article 26(2)(a) should not be interpreted to require a Contracting Party to enact Part III of the Treaty into its domestic law.
AES Corporation and Tau Power B.V. v. Republic of Kazakhstan, ICSID Case No. ARB/10/16
Award, 1 November 2013, paragraph 198
Mohammad Ammar Al-Bahloul v. Republic of Tajikistan, SCC Case No. V064/2008
Partial Award on Jurisdiction and Liability, 2 September 2009, paragraphs 122-126; 158
Blusun S.A., Jean-Pierre Lecorcier and Michael Stein v. Italian Republic, ICSID Case No. ARB/14/3
Final Award, 27 December 2016, paragraph 289
Cem Cengiz Uzan v. Republic of Turkey, SCC Case No. V 2014/023
Award on Respondent's Preliminary Objections, 20 April 2016, paragraphs 140-156; 165; 184-187
Award, 4 May 2017, paragraph 320
Decision on Jurisdiction, 25 July 2012, paragraphs 387; 437-438
Libananco Holdings Co. Limited v. Republic of Turkey, ICSID Case No. ARB/06/8
Award, 2 September 2011, paragraphs 539; 546-547
Award, 30 March 2015, paragraphs 480-495
Decision on Jurisdiction, 6 June 2016, paragraphs 79; 197