Summary

OPINION AND ORDER

In 2023, Glencore Finance (Bermuda) Ltd. ("Glencore") petitioned this Court to recognize and enforce a foreign arbitral award that it obtained against the Plurinational State of Bolivia ("Bolivia"). Because Bolivia is a foreign state, Glencore had to effectuate service according to the Foreign Sovereign Immunities Act ("FSIA"). Following the FSIA's instructions, Glencore first prepared a Letter Rogatory to Bolivia pursuant to the Inter-American Convention on Letters Rogatory and Additional Protocol (together, the "IACAP"). After that method of service proved unsuccessful, the Court sent a copy of the service documents directly to Bolivia's Ministry of Foreign Affairs.

Bolivia now specially appears in this case and moves to dismiss the petition, claiming that service was improper because Glencore addressed the Letter Rogatory to the wrong Bolivian government entity. That is, Bolivia contends that Glencore-quite literally-failed a box-checking exercise. The Court disagrees. Because Glencore complied with the service requirements of both the IACAP and the FSIA, the Court denies Bolivia's motion to dismiss.