Contract analysis

I. Nomination of Co-Arbitrator Pursuant to Article 12(4) of the ICC Rules, Respondent hereby nominates the Honorable Robert A. Castillo as its co-arbitrator in this proceeding. Judge Castillo is a national of the United States of America. He is a retired judge of the United States District Court for the Southern District of New York, where he served with distinction for over twenty years following his appointment to

II. Confirmation of Availability Prior to making this nomination, counsel for Respondent has been in direct communication with Judge Castillo regarding the proposed appointment and the general nature and anticipated scope of this proceeding. Judge Castillo has confirmed that he is available and willing to serve as co-arbitrator in ICC Case No. 27914/MHM. In particular, Judge Castillo has been informed that the disput

III. Statement of Independence and Impartiality Judge Castillo has confirmed his independence and impartiality in accordance with the requirements of Articles 11(1) and 11(2) of the ICC Rules. In particular, he has represented the following: (a) He has no past or present relationship, whether professional, financial, or personal, with either party to this arbitration — that is, with Whitmore Aerospace LLC or Kestrel

IV. Claimant's Co-Arbitrator Nomination Respondent notes that, according to the Request for Arbitration filed by Claimant's counsel, Haber Reinhardt Schlosser Partnerschaft mbB (lead partner Dr. Maximilian Haber), the Claimant has nominated Dr. Hans-Ulrich Perren as its co-arbitrator. Dr. Perren is, as Respondent understands, a Swiss national, a former judge of the Swiss Federal Supreme Court (Schweizerisches Bundesg

V. Appointment of the Presiding Arbitrator In accordance with Article 12(5) of the ICC Rules, the Presiding Arbitrator (or Chairman) of the Tribunal is to be appointed by agreement of the two co-arbitrators nominated by the parties, subject to confirmation by the ICC Court, or, failing such agreement, by the ICC Court itself. Respondent reserves its right to participate fully in the selection of the Presiding Arbitra

VI. Contact Information and Service All future communications from the Secretariat and from the ICC Court regarding this nomination, and regarding all matters in this arbitration generally, should be directed to the undersigned: Theodore Langston, Partner Calderwood & Harkness LLP 600 Lexington Avenue New York, NY 10022 Telephone: +1 (212) 558-4112 Facsimile: +1 (212) 558-4001 Email: t.langston@calderwoodharkness.com

VII. Request for Acknowledgment Respondent respectfully requests that the Secretariat acknowledge receipt of this nomination and the enclosed Statement of Acceptance, Availability, Impartiality and Independence at the Secretariat's earliest convenience. Should the Secretariat require any additional information or documentation in connection with this nomination or with Judge Castillo's proposed appointment, we remain

1. Statement of Acceptance, Availability, Impartiality and Independence of the Honorable Robert A. Castillo (Ret.)

2. Curriculum Vitae of the Honorable Robert A. Castillo (Ret.)