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Court File No. CV-24-00732478-00CL

ONTARIO

SUPERIOR COURT OF JUSTICE

COMMERCIAL LIST

THE HONOURABLE
JUSTICE J. DIETRICH
THURSDAY, THE 15th
DAY OF MAY, 2025

BETWEEN:

(Court Seal)

SOCIEDAD AEROPORTUARIA KUNTUR WASI S.A. Applicant

- and -

REPUBLIC OF PERÚ Respondent

JUDGMENT


THIS APPLICATION, made by the Applicant for a judgment recognizing and enforcing as against the Respondent an arbitration award dated May 9, 2024 (the “Award”) issued by an arbitral tribunal of the International Centre for Settlement of Investment Disputes (“ICSID”) was heard on May 15, 2025, at 330 University Avenue, Toronto, Ontario.

ON READING the application record, factum, and authorities filed by the Applicant, and on hearing the submissions of the lawyers for the Applicant, no one appearing for the Respondent, although properly served as appears from the Certificate filed by Global Affairs Canada,

[Page 2]

  1. IT IS ORDERED AND ADJUDGED that the Respondent shall pay to the Applicant the sum of USD $91,205,056, plus interest from February 28, 2024 to the date of payment, calculated in accordance with the terms of the Award (being the average US dollar lending rate in July of each year based on the average rate for the preceding 12 months, compounded annually), and the Respondent is hereby required to pay the amount in Canadian currency sufficient to purchase the obligation in the foreign currency at a bank in Ontario listed in Schedule I to the Bank Act, SC 1991, c 46 at the close of business on the first day on which the bank quotes a Canadian dollar rate for purchase of the foreign currency before the day payment is received by the Applicant.
  2. IT IS ORDERED AND ADJUDGED that the Respondent shall pay to the Applicant its costs of the application fixed in the amount of CAD $18,215.40 bearing interest in accordance with the Courts of Justice Act, RSO 1990, c C 43.

Date of issuance

(to be completed by registrar)

Signature


(Signature of judge, officer or registrar)

[Page 3]

SOCIEDAD AEROPORTUARIA

KUNTUR WASI S.A.

Applicant

v.

REPUBLIC OF PERÚ

Respondent

Court File No. CV-24-00732478-00CL

ONTARIO

SUPERIOR COURT OF JUSTICE

COMMERCIAL LIST

Proceeding commenced at TORONTO


JUDGMENT


Torys LLP

79 Wellington St. W., 30th Floor

Box 270, TD South Tower

Toronto, ON M5K 1N2


John Terry (LSO #: 32078P)

Tel: 416.865.8245

[email protected]


Christopher Kinnear Hunter (LSO #: 65545D)

Tel: 416.865.7331

[email protected]


Natasha Williams (LSO #: 87439Q)

Tel: 416.865.7964

[email protected]


Lawyers for the Applicant