PCA Case No. 2016-39/AA641
In the Proceedings Between
Glencore Finance (Bermuda) Ltd.
(Claimant)
- VS -
The Plurinational State of Bolivia
(Respondent)
17 December 2021
Members of the Tribunal:
Prof. Ricardo Ramírez Hernández
Prof. John Y. Gotanda
Prof. Philippe Sands
ESTADO PLURINACIONAL DE BOLIVIA
Procuraduría General del Estado
Dechert (Paris) LLP
32 rue de Monceau
75008 Paris, France
[Page 2]
1. In accordance with the Tribunal’s letters to the Parties of 22 September, 20 October and 24 November 2021, the Plurinational State of Bolivia (“Bolivia”) makes the present submission on the costs it has incurred in this arbitration.
2. As indicated at paragraph 939 of the Rejoinder on Quantum, Bolivia respectfully requests the Tribunal to:
a. ORDER Claimant to reimburse Bolivia all fees, costs and expenses incurred in this arbitration, in the amount of US$ 7,882,794.49 as detailed in the appended certificate; and
b. ORDER that such amounts carry interest at a normal commercial rate, due and payable from the date Bolivia incurred such costs and expenses until the date of full payment by Claimant.
Respectfully submitted on this 17th day of December 2021
Signature
Eduardo Silva Romero
[Page 3]
I, Eduardo Silva Romero, partner of Dechert (Paris) LLP, on behalf of the Plurinational State of Bolivia ("Bolivia"), hereby certify that the costs incurred in the present arbitration are as follows:
| DESCRIPTION | AMOUNT (IN US$)1 |
|---|---|
| LEGAL AND EXPERT FEES | |
| Legal fees | |
| Billed & paid | |
| Procuraduría General del Estado Plurinacional de Bolivia2 | $551,979.36 |
| Dechert (Paris) LLP3 | $3,914,350.71 |
| Total billed & paid legal fees | $4,466,330.07 |
| Billed & unpaid | |
| Dechert (Paris) LLP4 | $362,112.00 |
| Total billed & unpaid legal fees | $362,112.00 |
| Total legal fees | $4,828,442.07 |
| Expert fees | |
| Billed & paid | |
| Econ One | $375,000.00 |
| Quadrant Economics | $397,980.00 |
| SRK Consulting | $655,278.24 |
| Architect Diego Mirones Venegas | $7,979.40 |
| Total billed & paid expert fees | $1,436,237.64 |
1 Fees and expenses incurred in BOB were converted to USD at the 17 December 2021 exchange rate of 6.96 BOB for 1 USD, established by the Central Bank of Bolivia. ↩
2 Corresponding to the monthly salary and benefits paid to the public servants who worked in the Glencore case between 2016 and end of November 2021 by the percentage of time spent on the case. ↩
3 Includes costs and expenses. ↩
4 Includes costs and expenses. ↩
[Page 4]
| Billed & unpaid | |
| Quadrant Economics | $406,797.52 |
| SRK Consulting | $130,298.91 |
| Architect Diego Mirones Venegas | $6,320.60 |
| Total billed & unpaid expert fees | $543,417.03 |
| Total expert fees | $1,979,654.67 |
| TOTAL LEGAL AND EXPERT FEES | $6,808,096.74 |
| ADMINISTRATIVE COSTS | |
| First advance on costs paid by Bolivia to the PCA | $200,000.00 |
| Second advance on costs paid by Bolivia to the PCA | $200,000.00 |
| Third advance on costs paid by Bolivia to the PCA | $200,000.00 |
| TOTAL ADMINISTRATIVE COSTS | $600,000.00 |
| OTHER COSTS | |
| Travel, accommodation & meals | |
| Procuraduría General del Estado Plurinacional de Bolivia | $76,299.24 |
| Total travel, accommodation & meals | $76,299.24 |
| Administrative and support costs (courier, printing, photocopying, translations, miscellaneous, etc.) | |
| Procuraduría General del Estado Plurinacional de Bolivia | $398,398.51 |
| Total administrative and support costs | $398,398.51 |
| TOTAL OTHER COSTS | $474,697.75 |
| TOTAL FEES AND COSTS | $7,882,794.49 |
Signature
Eduardo Silva Romero