TO: Lima Expresa

FROM: King & Spalding Attorney Client Privilege

DATE: August 31, 2020 Attorney Work Product

RE: Dispute Progress Report – August 2020

This report has been prepared in response to the request of Linea Amarilla S.A.C.
(“Lima Expresa”) made on July 17, 2020, requesting us to prepare a “dispute progress
report,” in accordance with paragraph 2 of Section III of the Waiver Request sent by Lima
Expresa through letter CARTA-LAMSAC BANCO 205-2020, dated July 17, 2020. This is
the seventh of such reports, which are to be prepared “at approximately monthly intervals.”

This report is based on the information available to us at this stage of the arbitration.

As explained in the June Dispute Progress Report, on June 2, 2020, the MML
appointed Mr. Hugo Perezcano as co-arbitrator, given that its previous candidate, Prof.
Vinuesa, was removed as a result of our challenge. As explained in the July Dispute
Progress Report, on 28 July 2020, the Tribunal issued Procedural Order No. 4 attaching a
modified procedural calendar. The Tribunal granted a time extension to the MML until
September 10, 2020 for its first written submission and made subsequent amendments to
briefing dates and the production of documents phase. The date of the hearing in December
2021 remained unaltered.

Since the July Dispute Progress Report, the following developments have taken place:

On August 4, 2020 and in response to Lima Expresa’s concerns regarding certain

statements made by one of Peru’s Superior State Attorneys (Fiscal Superior de la Nación)
with respect to a potential legal action before the Peruvian Courts against the concession
contract of Lima Expresa, the Tribunal issued Procedural Order No. 5 where it compelled
the Parties to adopt and take all reasonable measures to preserve the integrity of the arbitral
proceedings and the jurisdiction of the Tribunal.

Also, on August 4, 2020, Lima Expresa submitted a reconsideration request

proposing an alternative procedural calendar to the Tribunal. To justify this proposal Lima
Expresa explained that because of the extension awarded to the MML’s Statement of Claim
(in Procedural Order No. 4) the subsequent procedural deadlines (in 2021) had been
significantly reduced and underlined that those reductions were in prejudice of the parties
and the Tribunal.

In response to Lima Expresa’s reconsideration, on August 18, 2020, the Tribunal

issued Procedural Order No. 6, in which it accepted Lima Expresa’s alternative procedural
calendar and thus rejected the previous calendar established in Procedural Order No. 4.
Particularly, the Tribunal stated that “the alternative calendar proposed by the Respondent
[Lima Expresa] is reasonable and equitable.” As per the new procedural calendar, Lima
Privileged and
Confidential
Page 2

Expresa will submit its Statement of Defense on December 23, 2020, and its Rejoinder and
Reply Memorial on the Counter Claim on August 11, 2021. The date of the hearing in
December 2021 has remained unaltered.

On August 24, the MML submitted a reconsideration request to the Tribunal with
respect to Procedural Order No. 5. In this document the MML argued that it cannot comply
with Procedural Order No. 5 because it does not have the legal authority under Peruvian law
to interfere with the independent authority of other Peruvian public entities which constitute
the totality of the Peruvian State — referring to the acts of Peru’s Superior State Attorneys.
The MML further indicated that even if the Concession Contract says that the MML
“participates in representation of the Peruvian State” that language should be interpreted as
solely being part of the State but without modification to its constitutional competencies.
Finally, the MML asked the Tribunal to modify the dispositive section of Procedural Order
No. 5 to include a limitation sentence as regards to legal competencies.

*****

Privileged and
Confidential