Contract analysis

I. PURPOSE AND OVERVIEW This memorandum outlines the preparation strategy for the direct examination and anticipated cross-examination of Dr. Ingrid Vollmer at the evidentiary hearing currently scheduled for January 8–12, 2024, at the International Chamber of Commerce (ICC) Hearing Centre, New York, New York. The purpose of this memorandum is to ensure that Dr. Vollmer's testimony is thorough, consistent, and effecti

II. WITNESS BACKGROUND AND QUALIFICATIONS A. Professional Background Dr. Ingrid Vollmer holds a Doctor of Philosophy (Ph.D.) in Materials Science and Metallurgical Engineering from the Massachusetts Institute of Technology (MIT), where her doctoral research focused on fatigue-life prediction models for titanium alloys used in aerospace propulsion systems. She also holds a Master of Science in Mechanical Engineering f

III. KEY TESTIMONY TOPICS — DIRECT EXAMINATION This section outlines the principal topics to be covered during Dr. Vollmer's direct examination, along with the key points she should convey on each topic. The order of topics below reflects the anticipated sequence of direct examination, though the examining attorney may adjust the order based on hearing dynamics and the Tribunal's preferences. A. WAL's Quality Control

IV. ANTICIPATED CROSS-EXAMINATION — HRS STRATEGY AND SUGGESTED RESPONSES Based on Kestrel's Statement of Claim, its subsequent written submissions, and the expert reports submitted on Kestrel's behalf, we anticipate that HRS will pursue the following lines of cross-examination with Dr. Vollmer. For each anticipated line of attack, this section sets forth the likely approach, the underlying objective, and the preparat

V. KEY DOCUMENTARY EXHIBITS FOR DR. VOLLMER'S TESTIMONY The following documents are anticipated to be used in connection with Dr. Vollmer's direct examination and/or cross-examination. Dr. Vollmer should review each of these documents thoroughly in advance of the preparation sessions and should be comfortable locating and discussing relevant provisions, data points, and entries within each document. Dr. Vollmer shoul

VI. COORDINATION WITH OTHER WITNESSES A. Coordination with Gerald Huang Gerald Huang, Vice President of Global Supply Chain Operations at WAL, will testify on matters relating to supply-chain management, commercial communications with Kestrel regarding the rejection and cure process, and the decision to evaluate and onboard Valkyr Precision Components Inc. as an alternative supplier. Mr. Huang's testimony covers the

VII. PREPARATION SCHEDULE AND LOGISTICS The following preparation schedule is proposed for Dr. Vollmer's witness preparation. All sessions will be held at the offices of Sternfeld & Calloway LLP, unless otherwise indicated. Initial Preparation Session: Participants: Dr. Ingrid Vollmer; Jeffrey Park (Associate); Simone Laroche (Senior Associate) Timing: To be scheduled for the week of December 26–29, 2023 Agenda: Revi

VIII. GENERAL WITNESS GUIDELINES The following guidelines should be reviewed with Dr. Vollmer during each preparation session and reinforced prior to her testimony at the hearing:

1. Testify truthfully and precisely. Dr. Vollmer must testify truthfully at all times. She should answer each question as precisely as possible, providing the information requested without volunteering additional information beyond the scope of the question. Volunteering information on cross-examination can open new lines of inquiry and create unnecessary risk.

2. Acknowledge uncertainty rather than speculate. If Dr. Vollmer is uncertain about a specific data point, date, document, or technical detail, she should say so clearly. Responses such as "I do not recall the specific figure, but it is documented in the non-conformance report" or "I would need to review the document to confirm" are preferable to guesses or approximations that could later be shown to be inaccurate.

3. Defer expert metallurgical opinions to Dr. Chow. Dr. Vollmer is testifying as a fact witness — as the engineering executive who designed and administered WAL's inspection protocols and who authorized the rejection decisions at issue. She is not being presented as a metallurgical testing expert. When cross-examination questions call for expert-level opinions on metallurgical testing methodology, statistical analysi

4. Remain composed during cross-examination. Dr. Maximilian Haber and Katrin Schäfer are experienced international arbitration advocates who may adopt a confrontational or adversarial tone during cross-examination. This is a deliberate tactic designed to unsettle the witness and elicit imprecise or emotional responses. Dr. Vollmer should remain calm, measured, and professional throughout. She should take her time bef

5. Avoid characterizing Kestrel's conduct as intentional or fraudulent. WAL's legal position in this arbitration is that Kestrel failed to meet its contractual specifications and failed to cure the resulting non-conformances within the contractual cure period. WAL does not allege fraud, intentional misconduct, or bad faith on Kestrel's part. Dr. Vollmer should not characterize Kestrel's quality failures as deliberate

6. Use proper contractual references. When referring to the Master Supply Agreement, Dr. Vollmer should use the full reference on first mention: "the Master Supply Agreement dated June 15, 2018, between Whitmore Aerospace LLC and Kestrel Dynamics GmbH." Thereafter, she may refer to it as "the MSA." Similarly, she should use the full designation for engineering specifications (e.g., "WAL-SPEC-TH-401, Appendix C, Table

7. Listen to objections. If either party's counsel raises an objection during Dr. Vollmer's testimony, she should stop speaking immediately and wait for the Tribunal to rule on the objection before continuing. She should not attempt to finish her answer while an objection is pending.

8. Do not discuss testimony with other witnesses. During the course of the hearing, Dr. Vollmer should not discuss the substance of her testimony — or the testimony of any other witness — with Gerald Huang, Dr. Chow, Dr. Ostrovsky, or any other witness in the proceeding. This restriction applies both before and after Dr. Vollmer's testimony, until the evidentiary hearing has concluded. This memorandum will be supplem