I find myself unable to share the reasoning set forth in paras. 184–199 of the Final Award in this case (the “Award”) regarding the Claimant's direct expropriation claim, and the Award's final determination of such claim. For reasons set forth former below, I distance myself from the statement in para. 183 of the Award to the extent it limits the material benefits susceptible to expropriation under article VIII.1 of the Canada–Ecuador Agreement for the Promotion and Reciprocal Protection of Investments of 29 April 1996 (the “Treaty”) to acquired rights as characterized in the said paragraph. Unlike the Award, I am of the opinion that conduct attributable to Ecuador has expropriated EnCana's returns on its investments in Ecuador in breach of article VIII.1 of the Treaty.