1. I respectfully disagree with my colleagues on three questions which I consider to be related:

Bolivia’s alleged compliance with due process, the Tribunal’s finding of a lack of jurisdiction of over the spot price and capacity payment claims, and the equal division of costs.

2. In my opinion:

(i) Bolivia’s expropriation failed to comply with the requirements of due process.

(ii) The Tribunal should have dismissed the spot price and capacity payment claims on the merits, not for lack of jurisdiction, but limiting itself to explain why they did not violate the Treaty.

(iii) The Tribunal should have ordered Bolivia to pay costs, at least partially.