1019-00001 · Haber Reinhardt Schlosser Partners · Engagement

conflict-check-memo.docx DOCUMENT M&A / Corporate

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CALDERWOOD & HARKNESS LLP 600 Lexington Avenue New York, New York 10022

MEMORANDUM — CONFIDENTIAL / ATTORNEY WORK PRODUCT

November 1, 2022

TO: Theodore Langston, Partner Vivienne St. Claire, Partner

FROM: Simone Laroche, Senior Associate Jeffrey Park, Associate

RE: Conflict Check Results — Proposed Representation of Whitmore Aerospace LLC in ICC Arbitration (Kestrel Dynamics GmbH v. Whitmore Aerospace LLC, ICC Case No. 27914/MHM)

Proposed Engagement Number: 1019-00001

I. Purpose

This memorandum documents the results of the conflict of interest check conducted by the undersigned in connection with the proposed engagement of Calderwood & Harkness LLP ("C&H" or the "Firm") to represent Whitmore Aerospace LLC ("WAL"), a Delaware limited liability company headquartered at 4200 Wilson Boulevard, Suite 1100, Arlington, Virginia 22203, as Respondent in an arbitration proceeding commenced before the International Court of Arbitration of the International Chamber of Commerce ("ICC") by Kestrel Dynamics GmbH ("Kestrel"), a German limited liability company (Gesellschaft mit beschränkter Haftung) with its registered office at Industriestraße 88, 70565 Stuttgart, Federal Republic of Germany. The arbitration has been assigned ICC Case No. 27914/MHM.

The conflict check was initiated on October 31, 2022, following initial contact from Dana Prescott, Vice President and General Counsel of WAL, who reached out to Theodore Langston regarding the Firm's potential engagement. The conflict check was completed in its entirety on November 1, 2022, and the results are set forth in detail below.

The proposed engagement involves the defense of WAL against claims asserted by Kestrel alleging material breach of a Master Supply Agreement dated June 15, 2018 (contract reference number WAL-KDG-MSA-2018-0615) (the "MSA"), as well as the assertion of WAL's counterclaim against Kestrel. Kestrel's Request for Arbitration, filed with the ICC Secretariat on or about October 14, 2022, seeks approximately €47.3 million in damages, inclusive of alleged lost profits, consequential damages, and costs of cover, together with interest, arbitration costs, and legal fees. WAL's anticipated counterclaim relates to Kestrel's delivery of non-conforming components and associated warranty and indemnification obligations under the MSA.

This memorandum is intended to satisfy the Firm's obligations under the New York Rules of Professional Conduct, Rules 1.7 through 1.10, as well as the Firm's internal Conflict of Interest Policy (revised January 2022). The memorandum is protected as attorney work product and is strictly confidential. It should not be distributed outside the Firm without prior authorization from the General Counsel's Office.

II. Parties and Related Entities Searched

The conflict check encompassed all parties to the proposed arbitration, their respective counsel, officers and key personnel, related third parties with a material connection to the dispute or the proposed engagement, prospective experts, anticipated adverse experts, and anticipated members of the arbitral tribunal. The full list of entities and individuals searched is set forth below.

A. Client — Whitmore Aerospace LLC

The following information was used to conduct conflict searches with respect to the prospective client:

Searches were conducted under the full legal name "Whitmore Aerospace LLC" as well as all known abbreviations and trade names, including "Whitmore Aerospace," "WAL," and "Whitmore Aero." Additionally, individual name searches were conducted for Marcus J. Whitmore III, Dana Prescott, Gerald Huang, and Dr. Ingrid Vollmer, each of whom is expected to play a material role in the arbitration as a fact witness or decision-maker.

B. Adverse Party — Kestrel Dynamics GmbH

The following information was used to conduct conflict searches with respect to the adverse party:

Searches were conducted under the full legal name "Kestrel Dynamics GmbH" as well as abbreviations and trade names, including "Kestrel Dynamics," "Kestrel GmbH," and "KDG." Individual name searches were conducted for Friedrich Brenner, Luisa Erdmann, and Dr. Stefan Voss, each of whom is identified in Kestrel's Request for Arbitration or is anticipated to serve as a fact witness or signatory to relevant contractual documents.

C. Adverse Party's Counsel — Haber Reinhardt Schlosser Partnerschaft mbB

The following information was used to conduct conflict searches with respect to Kestrel's legal counsel:

Searches were conducted under the firm name "Haber Reinhardt Schlosser Partnerschaft mbB" as well as its commonly used abbreviation "HRS." Individual name searches were conducted for Dr. Maximilian Haber and Katrin Schäfer, as well as for all named partners and associates listed in the International Arbitration practice group of HRS, as identified through publicly available information on the firm's website.

D. Related Third Parties Searched

In addition to the principal parties and their counsel, the conflict check encompassed the following third parties whose interests are materially connected to the proposed engagement or the underlying dispute:

1. Valkyr Precision Components Inc.

Valkyr Precision Components Inc. ("Valkyr") is a corporation organized under the laws of the State of Arizona, with its principal place of business at 4401 East Irvington Road, Tucson, Arizona 85714. Valkyr is WAL's replacement supplier for certain precision-machined turbine housing components that were previously supplied by Kestrel under the MSA. Valkyr is a relevant third party because Kestrel's Request for Arbitration alleges, inter alia, that WAL's termination of the MSA was pretextual and that WAL's true motivation for terminating the MSA was to replace Kestrel with Valkyr as the primary supplier of turbine housings at a lower cost, rather than because of any genuine non-conformity in Kestrel's components. Searches were conducted under "Valkyr Precision Components Inc.," "Valkyr Precision," and "Valkyr."

2. Veltrano National Bank, N.A.

Veltrano National Bank, N.A. ("Veltrano") is a national banking association with its principal office at One Veltrano Center, Charlotte, North Carolina 28255. Veltrano serves as WAL's senior secured lender under a $350 million senior secured revolving credit facility. Veltrano was searched because an adverse outcome in the arbitration could have material implications for WAL's financial covenants under the credit facility, and because Veltrano may have notice or consent rights that are implicated by the arbitration. Searches were conducted under "Veltrano National Bank, N.A.," "Veltrano National Bank," and "Veltrano Bank."

3. Pinnacle Continental Insurance Co.

Pinnacle Continental Insurance Co. ("Pinnacle") is an insurance company with its principal office at 200 Berkeley Street, Boston, Massachusetts 02116. Pinnacle is WAL's directors and officers ("D&O") and general liability insurer under Policy No. PCE-GL-2021-08854. Pinnacle was searched as a related party in connection with potential insurance coverage for costs and liabilities arising from the arbitration. Searches were conducted under "Pinnacle Continental Insurance Co.," "Pinnacle Continental Insurance," "Pinnacle Continental," and "PCIC."

4. Ridgeline Economic Consulting LLC (Potential Respondent Damages Expert)

Ridgeline Economic Consulting LLC ("Ridgeline") is a limited liability company with its principal office at 200 Park Avenue, Suite 3400, New York, New York 10166. Dr. Nadia Ostrovsky, Managing Director, is the anticipated engagement partner. Ridgeline is being considered as a potential damages and quantum expert for WAL in connection with the arbitration. Searches were conducted under "Ridgeline Economic Consulting LLC," "Ridgeline Economic Consulting," "Ridgeline Consulting," and "Dr. Nadia Ostrovsky."

5. Arclight Materials Science Inc. (Potential Respondent Technical Expert)

Arclight Materials Science Inc. ("Arclight") is a corporation with its principal office at 7900 Westpark Drive, Suite 200, McLean, Virginia 22102. Dr. Raymond Chow, Principal Engineer, is the anticipated engagement lead. Arclight is being considered as a potential metallurgical and materials science expert for WAL, to opine on the alleged non-conformity of Kestrel's titanium and nickel-alloy turbine housing components. Searches were conducted under "Arclight Materials Science Inc.," "Arclight Materials Science," "Arclight," and "Dr. Raymond Chow."

6. Canfield & Thorpe LLP (Potential Forensic Accountant)

Canfield & Thorpe LLP ("C&T") is a limited liability partnership with its principal office at 1345 Avenue of the Americas, New York, New York 10105. Sandra Gillespie, CPA/ABV, is the anticipated engagement partner. C&T is being considered as a potential forensic accounting firm for WAL in connection with the quantification of damages and the evaluation of Kestrel's damages claim. Searches were conducted under "Canfield & Thorpe LLP," "Canfield & Thorpe," "C&T LLP," and "Sandra Gillespie."

7. Rheinsberg Advisory AG (Anticipated Claimant Damages Expert)

Rheinsberg Advisory AG ("Rheinsberg") is a Swiss stock corporation (Aktiengesellschaft) with its registered office at Talstrasse 62, 8001 Glenrock Assurance, Switzerland. Prof. Dieter Langfeld, Partner, is the anticipated engagement lead for Kestrel. Rheinsberg is expected to serve as Kestrel's damages expert in the arbitration. Searches were conducted under "Rheinsberg Advisory AG," "Rheinsberg Advisory," and "Prof. Dieter Langfeld."

8. Albrecht Prüftechnik GmbH (Anticipated Claimant Technical Expert)

Albrecht Prüftechnik GmbH ("Albrecht") is a German limited liability company with its registered office at Robert-Bosch-Straße 12, 71229 Leonberg, Federal Republic of Germany. Dr. Martina Kessler, Director, is the anticipated engagement lead for Kestrel. Albrecht is expected to serve as Kestrel's technical expert, likely providing testimony on quality assurance and component conformity standards. Searches were conducted under "Albrecht Prüftechnik GmbH," "Albrecht Prüftechnik," "Albrecht Testing," and "Dr. Martina Kessler."

E. Arbitral Tribunal Members (Anticipated / Known)

As of the date of this memorandum, the arbitral tribunal in ICC Case No. 27914/MHM has not yet been constituted. However, based on preliminary discussions between WAL's General Counsel and the undersigned, the following individuals are being considered or anticipated as potential members of the tribunal and were therefore included in the conflict search:

Individual name searches were conducted for each of the above individuals across the Firm's conflict database, including searches for any prior matters in which these individuals served as arbitrators, judges, mediators, counsel, or expert witnesses in proceedings involving C&H or any C&H client.

III. Conflict Check Methodology

The conflict of interest check described in this memorandum was conducted in accordance with the Firm's Conflict of Interest Policy (revised January 2022) and applicable provisions of the New York Rules of Professional Conduct, including Rules 1.7 (Conflict of Interest: Current Clients), 1.8 (Current Clients: Specific Conflict of Interest Rules), 1.9 (Duties to Former Clients), and 1.10 (Imputation of Conflicts of Interest).

The following methodology was employed:

1. Database Searches. All searches were conducted using the Firm's proprietary conflicts management database ("C&H ConflictCheck"), which contains records of all current and closed client engagements, adverse parties, related parties, and key personnel associated with each matter. Searches were run using the following search parameters for each entity and individual identified in Section II above:

(a) Full legal entity name and all known aliases, short names, trade names, and "doing business as" designations;

(b) Names of all officers, directors, key employees, and principals identified in connection with the proposed engagement;

(d) Names of anticipated or known arbitral tribunal members.

2. Scope of Searches. The searches encompassed the following categories of records within the Firm's conflicts database:

(a) All current matters across all C&H offices, including the Firm's New York and Washington, D.C. offices;

(b) All closed matters within the prior seven (7) years (i.e., matters closed on or after November 1, 2015); and

(c) The Firm's lateral hire disclosure records, which include representations and client relationships disclosed by attorneys who joined the Firm from other law firms during the applicable period.

3. Bilateral Searches. The searches were designed to identify potential conflicts on both an adversary-side and a client-side basis. Specifically, each entity and individual was searched to determine whether it appears in the Firm's records as a current or former client, as an adverse party in a current or former matter, as a related or interested party, or as a witness or other participant in any matter handled by the Firm.

4. Personnel Confirmations. In addition to the database searches, each member of the proposed matter team — Theodore Langston, Vivienne St. Claire, Simone Laroche, and Jeffrey Park — was asked to confirm independently whether he or she has any personal, financial, or professional relationship with any of the searched parties that could give rise to an actual or potential conflict of interest.

5. Completion. The conflict check was initiated on October 31, 2022, and all searches and personnel confirmations were completed by the close of business on November 1, 2022. The results are set forth in Section IV below.

IV. Results

A. Whitmore Aerospace LLC (Prospective Client)

A comprehensive search of the Firm's conflicts database returned no results for Whitmore Aerospace LLC under any variation of its name. No current or prior representations of WAL by C&H were identified. Additionally, no current or prior matters were identified in which WAL, Marcus J. Whitmore III, Dana Prescott, Gerald Huang, or Dr. Ingrid Vollmer appears as an adverse party, a witness, or an interested or related party in any C&H engagement.

Result: CLEAR — No conflict identified.

B. Kestrel Dynamics GmbH (Adverse Party)

A comprehensive search of the Firm's conflicts database returned no results for Kestrel Dynamics GmbH under any variation of its name. No current or prior representations of Kestrel or any of its officers — including Friedrich Brenner, Luisa Erdmann, and Dr. Stefan Voss — were identified. No matters were found in which Kestrel appears as a client, as an adverse party, or as a related entity in any C&H engagement.

Result: CLEAR — No conflict identified.

C. Haber Reinhardt Schlosser Partnerschaft mbB (Adverse Counsel)

A comprehensive search of the Firm's conflicts database returned no results for Haber Reinhardt Schlosser Partnerschaft mbB under any variation of its name. No current matters were identified in which HRS, Dr. Maximilian Haber, or Katrin Schäfer serves as opposing counsel to C&H or as co-counsel with C&H in any proceeding. No prior matters within the past seven years were identified involving HRS in any capacity.

Result: CLEAR — No conflict identified.

D. Valkyr Precision Components Inc.

A comprehensive search of the Firm's conflicts database returned no results for Valkyr Precision Components Inc. under any variation of its name. No current or prior representations of Valkyr were identified, and no matters were found in which Valkyr appears in any capacity.

Result: CLEAR — No conflict identified.

E. Veltrano National Bank, N.A.

A search of the Firm's conflicts database identified two prior representations of Veltrano National Bank, N.A. by C&H, as follows:

(i) C&H Matter No. 1019-00001 — Representation of Veltrano National Bank, N.A. in connection with a $500 million senior unsecured note offering in the second quarter of 2020. The engagement was handled by the Firm's Capital Markets practice group. The matter was completed and closed on August 14, 2020. Responsible Partner: Harrison McAllister (Capital Markets).

(ii) C&H Matter No. 1019-00001 — Representation of Veltrano National Bank, N.A. in connection with the documentation of a $1.2 billion syndicated term loan facility, in which Veltrano served as administrative agent. The engagement was handled by the Firm's Banking & Finance practice group. The matter was completed and closed on March 22, 2021. Responsible Partner: Claudia Reeves (Banking & Finance).

Both of these prior matters are closed and are entirely unrelated to the WAL-Kestrel arbitration. The undersigned have assessed whether these prior representations give rise to any conflict of interest under Rules 1.7 or 1.9 of the New York Rules of Professional Conduct and have concluded that they do not, for the following reasons:

(a) The prior representations of Veltrano involved capital markets and lending transactions that are wholly unrelated to the subject matter of the ICC arbitration between Kestrel and WAL;

(b) Veltrano National Bank, N.A. is not a party to the arbitration and is not anticipated to become a party to the arbitration;

(c) No confidential information obtained by C&H in the course of the prior Veltrano representations is relevant to, or could be used in connection with, the proposed WAL engagement; and

(d) Veltrano's interests as WAL's senior secured lender are aligned with, rather than adverse to, WAL's interest in mounting a successful defense in the arbitration, inasmuch as an adverse arbitration outcome could impair WAL's financial position and, consequently, Veltrano's collateral position.

Accordingly, no conflict exists, and no further action — including a waiver or consent from Veltrano — is required. The prior relationship is noted herein for completeness and for the record.

Result: CLEAR — No conflict identified. No further action required; prior relationship noted for the record.

F. Pinnacle Continental Insurance Co.

A comprehensive search of the Firm's conflicts database returned no results for Pinnacle Continental Insurance Co. under any variation of its name. No current or prior representations of Pinnacle were identified.

Result: CLEAR — No conflict identified.

G. Expert Firms — Ridgeline Economic Consulting LLC, Arclight Materials Science Inc., Canfield & Thorpe LLP

Comprehensive searches of the Firm's conflicts database were conducted for each of the following prospective expert firms:

(i) Ridgeline Economic Consulting LLC — No current or prior representations of, or adverse matters involving, Ridgeline Economic Consulting LLC or Dr. Nadia Ostrovsky were identified.

(ii) Arclight Materials Science Inc. — No current or prior representations of, or adverse matters involving, Arclight Materials Science Inc. or Dr. Raymond Chow were identified.

(iii) Canfield & Thorpe LLP — No current or prior representations of, or adverse matters involving, Canfield & Thorpe LLP or Sandra Gillespie were identified.

Result: CLEAR — No conflict identified as to any prospective expert firm.

H. Adverse Expert Firms — Rheinsberg Advisory AG, Albrecht Prüftechnik GmbH

Comprehensive searches of the Firm's conflicts database were conducted for each of the following anticipated adverse expert firms:

(i) Rheinsberg Advisory AG — No current or prior matters involving Rheinsberg Advisory AG or Prof. Dieter Langfeld were identified.

(ii) Albrecht Prüftechnik GmbH — No current or prior matters involving Albrecht Prüftechnik GmbH or Dr. Martina Kessler were identified.

Result: CLEAR — No conflict identified as to any anticipated adverse expert firm.

I. Arbitral Tribunal Members

Comprehensive searches of the Firm's conflicts database were conducted for each of the following anticipated or potential tribunal members:

(i) Prof. Dame Eleanor Fitzwilliam — No current or prior matters in which Prof. Dame Eleanor Fitzwilliam served as arbitrator, judge, or counsel in any matter involving C&H or any C&H client were identified.

(ii) Dr. Hans-Ulrich Perren — No current or prior matters in which Dr. Hans-Ulrich Perren served as arbitrator, judge, or counsel in any matter involving C&H or any C&H client were identified.

(iii) Hon. Robert A. Castillo — The Firm's records confirm that, during his tenure on the bench of the United States District Court for the Southern District of New York, the Hon. Robert A. Castillo presided over matters in which C&H appeared as counsel of record. This is a routine judicial relationship that is inherent to the practice of law before the federal courts and does not constitute a conflict of interest or give rise to any disqualification concern. No matters were identified in which Judge Castillo served as an arbitrator, mediator, or counsel in any proceeding involving C&H or any C&H client since his retirement from the bench.

Result: CLEAR — No conflict identified as to any anticipated or potential tribunal member.

V. Ethical Screens and Additional Considerations

In addition to the database searches described above, the following supplemental steps were taken to ensure the completeness and reliability of the conflict check:

1. Lateral Hire Disclosures. A review of the Firm's lateral hire disclosure records was conducted to determine whether any current C&H attorney previously represented Kestrel Dynamics GmbH, Haber Reinhardt Schlosser Partnerschaft mbB, or any related party identified in Section II above during a prior firm affiliation. No such representations were identified. Accordingly, no ethical screen or information barrier is required in connection with the proposed engagement.

2. Matter Team Personal Confirmations. Each member of the proposed matter team has independently confirmed that he or she has no personal, financial, or professional relationship with any of the parties, counsel, experts, or tribunal members identified in Section II above that could give rise to an actual or potential conflict of interest. Specifically:

(a) Theodore Langston, Partner — Confirmed no conflict. No personal, financial, or professional relationship with any searched party.

(b) Vivienne St. Claire, Partner — Confirmed no conflict. No personal, financial, or professional relationship with any searched party.

(c) Simone Laroche, Senior Associate — Confirmed no conflict. No personal, financial, or professional relationship with any searched party.

(d) Jeffrey Park, Associate — Confirmed no conflict. No personal, financial, or professional relationship with any searched party.

3. Financial Interest Review. The undersigned have confirmed that no C&H attorney holds any direct or indirect financial interest — including equity ownership, stock options, partnership interests, debt instruments, or any other form of pecuniary interest — in Whitmore Aerospace LLC, Kestrel Dynamics GmbH, Valkyr Precision Components Inc., Veltrano National Bank, N.A., Pinnacle Continental Insurance Co., or any other entity identified in Section II above.

4. IBA Guidelines on Conflicts of Interest. Although not strictly binding, the Firm has also considered the IBA Guidelines on Conflicts of Interest in International Arbitration (revised 2014) in connection with this engagement, given the international nature of the ICC arbitration. No circumstances falling within the Red List (Non-Waivable or Waivable), Orange List, or Green List of the IBA Guidelines were identified that would preclude the Firm's representation of WAL.

VI. Conclusion and Recommendation

Based on the comprehensive conflict of interest check described in this memorandum, the undersigned confirm that the conflict check is clear across all searched parties, counsel, experts, and anticipated tribunal members. No actual, potential, or apparent conflict of interest has been identified that would preclude Calderwood & Harkness LLP from representing Whitmore Aerospace LLC as Respondent in ICC Case No. 27914/MHM (Kestrel Dynamics GmbH v. Whitmore Aerospace LLC).

The undersigned recommend that the Firm proceed with the engagement of Whitmore Aerospace LLC under the following parameters:

The undersigned further note that if additional parties, witnesses, experts, or other individuals or entities with a material connection to the arbitration are identified during the course of the representation, supplemental conflict checks should be conducted promptly in accordance with the Firm's Conflict of Interest Policy, and the results should be documented and appended to this memorandum. This obligation extends, without limitation, to any additional subsidiaries or affiliates of WAL or Kestrel that may be implicated by the arbitration, any additional fact or expert witnesses, and any replacement or additional members of the arbitral tribunal.

VII. Approval

The undersigned request approval to proceed with the proposed engagement as described in this memorandum.

RESPONSIBLE PARTNER

By: ________

Name: Theodore Langston

Title: Partner, Calderwood & Harkness LLP

Date: ________

BILLING PARTNER

By: ________

Name: Vivienne St. Claire

Title: Partner, Calderwood & Harkness LLP

Date: ________

GENERAL COUNSEL'S OFFICE / CONFLICTS COMMITTEE

By: ________

Name: ________

Title: ________

Date: ________

Approved: Yes No Comments: ________

Date of Approval: November 1, 2022

This memorandum is CONFIDENTIAL and constitutes ATTORNEY WORK PRODUCT. It is prepared solely for internal use by Calderwood & Harkness LLP in connection with the Firm's conflict of interest review procedures and is not intended for distribution to any party outside the Firm. Any unauthorized disclosure, copying, or distribution of this memorandum or its contents is strictly prohibited.

Field	Detail
Full Legal Name	Whitmore Aerospace LLC
Entity Type	Limited Liability Company, organized under the laws of the State of Delaware
Headquarters	4200 Wilson Boulevard, Suite 1100, Arlington, Virginia 22203
Employer Identification Number (EIN)	54-3298710
Registered Agent (Delaware)	Pemberton Industries, 1209 Orange Street, Wilmington, Delaware 19801
Principal Manufacturing Facility	8500 Coppermine Road, Manassas, Virginia 20110
Chief Executive Officer	Marcus J. Whitmore III
Vice President & General Counsel	Dana Prescott
VP, Global Supply Chain Operations	Gerald Huang
SVP, Engineering & Manufacturing	Dr. Ingrid Vollmer
Industry	Aerospace and defense manufacturing; propulsion systems and structural airframe components
Annual Revenue (FY2022)	Approximately $1.87 billion
Employees	Approximately 6,400
Field	Detail
Full Legal Name	Kestrel Dynamics GmbH
Entity Type	Gesellschaft mit beschränkter Haftung (German limited liability company)
Registered Office	Industriestraße 88, 70565 Stuttgart, Federal Republic of Germany
German Trade Register No.	HRB 745621 (Amtsgericht Stuttgart)
Managing Director (Geschäftsführer)	Friedrich Brenner (co-founder)
Commercial Director	Luisa Erdmann
Head of Quality Assurance	Dr. Stefan Voss
Industry	Precision-machined aerospace components; titanium and nickel-alloy turbine housings
Annual Revenue (FY2022)	Approximately €312 million
Employees	Approximately 1,800

Field	Detail
Full Legal Name	Haber Reinhardt Schlosser Partnerschaft mbB ("HRS")
Stuttgart Office	Königstraße 35, 70173 Stuttgart, Federal Republic of Germany
London Office	30 St Mary Axe, London EC3A 8BF, United Kingdom
Lead Partner	Dr. Maximilian Haber
Associate Counsel	Katrin Schäfer, Senior Associate
Name	Nationality	Role	Notes
Prof. Dame Eleanor Fitzwilliam	British	Potential presiding arbitrator	Queen Mary University of London; Essex Court Chambers
Dr. Hans-Ulrich Perren	Swiss	Anticipated Claimant's nominee	Schellenberg Wittmer Ltd., Glenrock Assurance; experienced ICC arbitrator
Hon. Robert A. Castillo	United States	Anticipated Respondent's nominee	Retired, U.S. District Court for the Southern District of New York; now of counsel, Castillo ADR Services LLC
Field	Detail
Engagement Number	1019-00001
Client	Whitmore Aerospace LLC
Matter	ICC Case No. 27914/MHM — Defense and Counterclaim
Responsible Partner	Theodore Langston
Billing Partner	Vivienne St. Claire

CALDERWOOD & HARKNESS LLP 600 Lexington Avenue New York, New York 10022
MEMORANDUM — CONFIDENTIAL / ATTORNEY WORK PRODUCT
November 1, 2022
TO: Theodore Langston, Partner Vivienne St. Claire, Partner
FROM: Simone Laroche, Senior Associate Jeffrey Park, Associate
RE: Conflict Check Results — Proposed Representation of Whitmore Aerospace LLC in ICC Arbitration (Kestrel Dynamics GmbH v. Whitmore Aerospace LLC, ICC Case No. 27914/MHM)
Proposed Engagement Number: 1019-00001
I. Purpose
This memorandum documents the results of the conflict of interest check conducted by the undersigned in connection with the proposed engagement of Calderwood & Harkness LLP ("C&H" or the "Firm") to represent Whitmore Aerospace LLC ("WAL"), a Delaware limited liability company headquartered at 4200 Wilson Boulevard, Suite 1100, Arlington, Virginia 22203, as Respondent in an arbitration proceeding commenced before the International Court of Arbitration of the International Chamber of Commerce ("ICC") by Kestrel Dynamics GmbH ("Kestrel"), a German limited liability company (Gesellschaft mit beschränkter Haftung) with its registered office at Industriestraße 88, 70565 Stuttgart, Federal Republic of Germany. The arbitration has been assigned ICC Case No. 27914/MHM.
The conflict check was initiated on October 31, 2022, following initial contact from Dana Prescott, Vice President and General Counsel of WAL, who reached out to Theodore Langston regarding the Firm's potential engagement. The conflict check was completed in its entirety on November 1, 2022, and the results are set forth in detail below.
The proposed engagement involves the defense of WAL against claims asserted by Kestrel alleging material breach of a Master Supply Agreement dated June 15, 2018 (contract reference number WAL-KDG-MSA-2018-0615) (the "MSA"), as well as the assertion of WAL's counterclaim against Kestrel. Kestrel's Request for Arbitration, filed with the ICC Secretariat on or about October 14, 2022, seeks approximately €47.3 million in damages, inclusive of alleged lost profits, consequential damages, and costs of cover, together with interest, arbitration costs, and legal fees. WAL's anticipated counterclaim relates to Kestrel's delivery of non-conforming components and associated warranty and indemnification obligations under the MSA.
This memorandum is intended to satisfy the Firm's obligations under the New York Rules of Professional Conduct, Rules 1.7 through 1.10, as well as the Firm's internal Conflict of Interest Policy (revised January 2022). The memorandum is protected as attorney work product and is strictly confidential. It should not be distributed outside the Firm without prior authorization from the General Counsel's Office.
II. Parties and Related Entities Searched
The conflict check encompassed all parties to the proposed arbitration, their respective counsel, officers and key personnel, related third parties with a material connection to the dispute or the proposed engagement, prospective experts, anticipated adverse experts, and anticipated members of the arbitral tribunal. The full list of entities and individuals searched is set forth below.
A. Client — Whitmore Aerospace LLC
The following information was used to conduct conflict searches with respect to the prospective client:
Searches were conducted under the full legal name "Whitmore Aerospace LLC" as well as all known abbreviations and trade names, including "Whitmore Aerospace," "WAL," and "Whitmore Aero." Additionally, individual name searches were conducted for Marcus J. Whitmore III, Dana Prescott, Gerald Huang, and Dr. Ingrid Vollmer, each of whom is expected to play a material role in the arbitration as a fact witness or decision-maker.
B. Adverse Party — Kestrel Dynamics GmbH
The following information was used to conduct conflict searches with respect to the adverse party:
Searches were conducted under the full legal name "Kestrel Dynamics GmbH" as well as abbreviations and trade names, including "Kestrel Dynamics," "Kestrel GmbH," and "KDG." Individual name searches were conducted for Friedrich Brenner, Luisa Erdmann, and Dr. Stefan Voss, each of whom is identified in Kestrel's Request for Arbitration or is anticipated to serve as a fact witness or signatory to relevant contractual documents.
C. Adverse Party's Counsel — Haber Reinhardt Schlosser Partnerschaft mbB
The following information was used to conduct conflict searches with respect to Kestrel's legal counsel:
Searches were conducted under the firm name "Haber Reinhardt Schlosser Partnerschaft mbB" as well as its commonly used abbreviation "HRS." Individual name searches were conducted for Dr. Maximilian Haber and Katrin Schäfer, as well as for all named partners and associates listed in the International Arbitration practice group of HRS, as identified through publicly available information on the firm's website.
D. Related Third Parties Searched
In addition to the principal parties and their counsel, the conflict check encompassed the following third parties whose interests are materially connected to the proposed engagement or the underlying dispute:
1. Valkyr Precision Components Inc.
Valkyr Precision Components Inc. ("Valkyr") is a corporation organized under the laws of the State of Arizona, with its principal place of business at 4401 East Irvington Road, Tucson, Arizona 85714. Valkyr is WAL's replacement supplier for certain precision-machined turbine housing components that were previously supplied by Kestrel under the MSA. Valkyr is a relevant third party because Kestrel's Request for Arbitration alleges, inter alia, that WAL's termination of the MSA was pretextual and that WAL's true motivation for terminating the MSA was to replace Kestrel with Valkyr as the primary supplier of turbine housings at a lower cost, rather than because of any genuine non-conformity in Kestrel's components. Searches were conducted under "Valkyr Precision Components Inc.," "Valkyr Precision," and "Valkyr."
2. Veltrano National Bank, N.A.
Veltrano National Bank, N.A. ("Veltrano") is a national banking association with its principal office at One Veltrano Center, Charlotte, North Carolina 28255. Veltrano serves as WAL's senior secured lender under a $350 million senior secured revolving credit facility. Veltrano was searched because an adverse outcome in the arbitration could have material implications for WAL's financial covenants under the credit facility, and because Veltrano may have notice or consent rights that are implicated by the arbitration. Searches were conducted under "Veltrano National Bank, N.A.," "Veltrano National Bank," and "Veltrano Bank."
3. Pinnacle Continental Insurance Co.
Pinnacle Continental Insurance Co. ("Pinnacle") is an insurance company with its principal office at 200 Berkeley Street, Boston, Massachusetts 02116. Pinnacle is WAL's directors and officers ("D&O") and general liability insurer under Policy No. PCE-GL-2021-08854. Pinnacle was searched as a related party in connection with potential insurance coverage for costs and liabilities arising from the arbitration. Searches were conducted under "Pinnacle Continental Insurance Co.," "Pinnacle Continental Insurance," "Pinnacle Continental," and "PCIC."
4. Ridgeline Economic Consulting LLC (Potential Respondent Damages Expert)
Ridgeline Economic Consulting LLC ("Ridgeline") is a limited liability company with its principal office at 200 Park Avenue, Suite 3400, New York, New York 10166. Dr. Nadia Ostrovsky, Managing Director, is the anticipated engagement partner. Ridgeline is being considered as a potential damages and quantum expert for WAL in connection with the arbitration. Searches were conducted under "Ridgeline Economic Consulting LLC," "Ridgeline Economic Consulting," "Ridgeline Consulting," and "Dr. Nadia Ostrovsky."
5. Arclight Materials Science Inc. (Potential Respondent Technical Expert)
Arclight Materials Science Inc. ("Arclight") is a corporation with its principal office at 7900 Westpark Drive, Suite 200, McLean, Virginia 22102. Dr. Raymond Chow, Principal Engineer, is the anticipated engagement lead. Arclight is being considered as a potential metallurgical and materials science expert for WAL, to opine on the alleged non-conformity of Kestrel's titanium and nickel-alloy turbine housing components. Searches were conducted under "Arclight Materials Science Inc.," "Arclight Materials Science," "Arclight," and "Dr. Raymond Chow."
6. Canfield & Thorpe LLP (Potential Forensic Accountant)
Canfield & Thorpe LLP ("C&T") is a limited liability partnership with its principal office at 1345 Avenue of the Americas, New York, New York 10105. Sandra Gillespie, CPA/ABV, is the anticipated engagement partner. C&T is being considered as a potential forensic accounting firm for WAL in connection with the quantification of damages and the evaluation of Kestrel's damages claim. Searches were conducted under "Canfield & Thorpe LLP," "Canfield & Thorpe," "C&T LLP," and "Sandra Gillespie."
7. Rheinsberg Advisory AG (Anticipated Claimant Damages Expert)
Rheinsberg Advisory AG ("Rheinsberg") is a Swiss stock corporation (Aktiengesellschaft) with its registered office at Talstrasse 62, 8001 Glenrock Assurance, Switzerland. Prof. Dieter Langfeld, Partner, is the anticipated engagement lead for Kestrel. Rheinsberg is expected to serve as Kestrel's damages expert in the arbitration. Searches were conducted under "Rheinsberg Advisory AG," "Rheinsberg Advisory," and "Prof. Dieter Langfeld."
8. Albrecht Prüftechnik GmbH (Anticipated Claimant Technical Expert)
Albrecht Prüftechnik GmbH ("Albrecht") is a German limited liability company with its registered office at Robert-Bosch-Straße 12, 71229 Leonberg, Federal Republic of Germany. Dr. Martina Kessler, Director, is the anticipated engagement lead for Kestrel. Albrecht is expected to serve as Kestrel's technical expert, likely providing testimony on quality assurance and component conformity standards. Searches were conducted under "Albrecht Prüftechnik GmbH," "Albrecht Prüftechnik," "Albrecht Testing," and "Dr. Martina Kessler."
E. Arbitral Tribunal Members (Anticipated / Known)
As of the date of this memorandum, the arbitral tribunal in ICC Case No. 27914/MHM has not yet been constituted. However, based on preliminary discussions between WAL's General Counsel and the undersigned, the following individuals are being considered or anticipated as potential members of the tribunal and were therefore included in the conflict search:
Individual name searches were conducted for each of the above individuals across the Firm's conflict database, including searches for any prior matters in which these individuals served as arbitrators, judges, mediators, counsel, or expert witnesses in proceedings involving C&H or any C&H client.
III. Conflict Check Methodology
The conflict of interest check described in this memorandum was conducted in accordance with the Firm's Conflict of Interest Policy (revised January 2022) and applicable provisions of the New York Rules of Professional Conduct, including Rules 1.7 (Conflict of Interest: Current Clients), 1.8 (Current Clients: Specific Conflict of Interest Rules), 1.9 (Duties to Former Clients), and 1.10 (Imputation of Conflicts of Interest).
The following methodology was employed:
1. Database Searches. All searches were conducted using the Firm's proprietary conflicts management database ("C&H ConflictCheck"), which contains records of all current and closed client engagements, adverse parties, related parties, and key personnel associated with each matter. Searches were run using the following search parameters for each entity and individual identified in Section II above:
(a) Full legal entity name and all known aliases, short names, trade names, and "doing business as" designations;
(b) Names of all officers, directors, key employees, and principals identified in connection with the proposed engagement;
(c) Related party names, including counsel, lenders, insurers, and expert firms; and
(d) Names of anticipated or known arbitral tribunal members.
2. Scope of Searches. The searches encompassed the following categories of records within the Firm's conflicts database:
(a) All current matters across all C&H offices, including the Firm's New York and Washington, D.C. offices;
(b) All closed matters within the prior seven (7) years (i.e., matters closed on or after November 1, 2015); and
(c) The Firm's lateral hire disclosure records, which include representations and client relationships disclosed by attorneys who joined the Firm from other law firms during the applicable period.
3. Bilateral Searches. The searches were designed to identify potential conflicts on both an adversary-side and a client-side basis. Specifically, each entity and individual was searched to determine whether it appears in the Firm's records as a current or former client, as an adverse party in a current or former matter, as a related or interested party, or as a witness or other participant in any matter handled by the Firm.
4. Personnel Confirmations. In addition to the database searches, each member of the proposed matter team — Theodore Langston, Vivienne St. Claire, Simone Laroche, and Jeffrey Park — was asked to confirm independently whether he or she has any personal, financial, or professional relationship with any of the searched parties that could give rise to an actual or potential conflict of interest.
5. Completion. The conflict check was initiated on October 31, 2022, and all searches and personnel confirmations were completed by the close of business on November 1, 2022. The results are set forth in Section IV below.
IV. Results
A. Whitmore Aerospace LLC (Prospective Client)
A comprehensive search of the Firm's conflicts database returned no results for Whitmore Aerospace LLC under any variation of its name. No current or prior representations of WAL by C&H were identified. Additionally, no current or prior matters were identified in which WAL, Marcus J. Whitmore III, Dana Prescott, Gerald Huang, or Dr. Ingrid Vollmer appears as an adverse party, a witness, or an interested or related party in any C&H engagement.
Result: CLEAR — No conflict identified.
B. Kestrel Dynamics GmbH (Adverse Party)
A comprehensive search of the Firm's conflicts database returned no results for Kestrel Dynamics GmbH under any variation of its name. No current or prior representations of Kestrel or any of its officers — including Friedrich Brenner, Luisa Erdmann, and Dr. Stefan Voss — were identified. No matters were found in which Kestrel appears as a client, as an adverse party, or as a related entity in any C&H engagement.
Result: CLEAR — No conflict identified.
C. Haber Reinhardt Schlosser Partnerschaft mbB (Adverse Counsel)
A comprehensive search of the Firm's conflicts database returned no results for Haber Reinhardt Schlosser Partnerschaft mbB under any variation of its name. No current matters were identified in which HRS, Dr. Maximilian Haber, or Katrin Schäfer serves as opposing counsel to C&H or as co-counsel with C&H in any proceeding. No prior matters within the past seven years were identified involving HRS in any capacity.
Result: CLEAR — No conflict identified.
D. Valkyr Precision Components Inc.
A comprehensive search of the Firm's conflicts database returned no results for Valkyr Precision Components Inc. under any variation of its name. No current or prior representations of Valkyr were identified, and no matters were found in which Valkyr appears in any capacity.
Result: CLEAR — No conflict identified.
E. Veltrano National Bank, N.A.
A search of the Firm's conflicts database identified two prior representations of Veltrano National Bank, N.A. by C&H, as follows:
(i) C&H Matter No. 1019-00001 — Representation of Veltrano National Bank, N.A. in connection with a $500 million senior unsecured note offering in the second quarter of 2020. The engagement was handled by the Firm's Capital Markets practice group. The matter was completed and closed on August 14, 2020. Responsible Partner: Harrison McAllister (Capital Markets).
(ii) C&H Matter No. 1019-00001 — Representation of Veltrano National Bank, N.A. in connection with the documentation of a $1.2 billion syndicated term loan facility, in which Veltrano served as administrative agent. The engagement was handled by the Firm's Banking & Finance practice group. The matter was completed and closed on March 22, 2021. Responsible Partner: Claudia Reeves (Banking & Finance).
Both of these prior matters are closed and are entirely unrelated to the WAL-Kestrel arbitration. The undersigned have assessed whether these prior representations give rise to any conflict of interest under Rules 1.7 or 1.9 of the New York Rules of Professional Conduct and have concluded that they do not, for the following reasons:
(a) The prior representations of Veltrano involved capital markets and lending transactions that are wholly unrelated to the subject matter of the ICC arbitration between Kestrel and WAL;
(b) Veltrano National Bank, N.A. is not a party to the arbitration and is not anticipated to become a party to the arbitration;
(c) No confidential information obtained by C&H in the course of the prior Veltrano representations is relevant to, or could be used in connection with, the proposed WAL engagement; and
(d) Veltrano's interests as WAL's senior secured lender are aligned with, rather than adverse to, WAL's interest in mounting a successful defense in the arbitration, inasmuch as an adverse arbitration outcome could impair WAL's financial position and, consequently, Veltrano's collateral position.
Accordingly, no conflict exists, and no further action — including a waiver or consent from Veltrano — is required. The prior relationship is noted herein for completeness and for the record.
Result: CLEAR — No conflict identified. No further action required; prior relationship noted for the record.
F. Pinnacle Continental Insurance Co.
A comprehensive search of the Firm's conflicts database returned no results for Pinnacle Continental Insurance Co. under any variation of its name. No current or prior representations of Pinnacle were identified.
Result: CLEAR — No conflict identified.
G. Expert Firms — Ridgeline Economic Consulting LLC, Arclight Materials Science Inc., Canfield & Thorpe LLP
Comprehensive searches of the Firm's conflicts database were conducted for each of the following prospective expert firms:
(i) Ridgeline Economic Consulting LLC — No current or prior representations of, or adverse matters involving, Ridgeline Economic Consulting LLC or Dr. Nadia Ostrovsky were identified.
(ii) Arclight Materials Science Inc. — No current or prior representations of, or adverse matters involving, Arclight Materials Science Inc. or Dr. Raymond Chow were identified.
(iii) Canfield & Thorpe LLP — No current or prior representations of, or adverse matters involving, Canfield & Thorpe LLP or Sandra Gillespie were identified.
Result: CLEAR — No conflict identified as to any prospective expert firm.
H. Adverse Expert Firms — Rheinsberg Advisory AG, Albrecht Prüftechnik GmbH
Comprehensive searches of the Firm's conflicts database were conducted for each of the following anticipated adverse expert firms:
(i) Rheinsberg Advisory AG — No current or prior matters involving Rheinsberg Advisory AG or Prof. Dieter Langfeld were identified.
(ii) Albrecht Prüftechnik GmbH — No current or prior matters involving Albrecht Prüftechnik GmbH or Dr. Martina Kessler were identified.
Result: CLEAR — No conflict identified as to any anticipated adverse expert firm.
I. Arbitral Tribunal Members
Comprehensive searches of the Firm's conflicts database were conducted for each of the following anticipated or potential tribunal members:
(i) Prof. Dame Eleanor Fitzwilliam — No current or prior matters in which Prof. Dame Eleanor Fitzwilliam served as arbitrator, judge, or counsel in any matter involving C&H or any C&H client were identified.
(ii) Dr. Hans-Ulrich Perren — No current or prior matters in which Dr. Hans-Ulrich Perren served as arbitrator, judge, or counsel in any matter involving C&H or any C&H client were identified.
(iii) Hon. Robert A. Castillo — The Firm's records confirm that, during his tenure on the bench of the United States District Court for the Southern District of New York, the Hon. Robert A. Castillo presided over matters in which C&H appeared as counsel of record. This is a routine judicial relationship that is inherent to the practice of law before the federal courts and does not constitute a conflict of interest or give rise to any disqualification concern. No matters were identified in which Judge Castillo served as an arbitrator, mediator, or counsel in any proceeding involving C&H or any C&H client since his retirement from the bench.
Result: CLEAR — No conflict identified as to any anticipated or potential tribunal member.
V. Ethical Screens and Additional Considerations
In addition to the database searches described above, the following supplemental steps were taken to ensure the completeness and reliability of the conflict check:
1. Lateral Hire Disclosures. A review of the Firm's lateral hire disclosure records was conducted to determine whether any current C&H attorney previously represented Kestrel Dynamics GmbH, Haber Reinhardt Schlosser Partnerschaft mbB, or any related party identified in Section II above during a prior firm affiliation. No such representations were identified. Accordingly, no ethical screen or information barrier is required in connection with the proposed engagement.
2. Matter Team Personal Confirmations. Each member of the proposed matter team has independently confirmed that he or she has no personal, financial, or professional relationship with any of the parties, counsel, experts, or tribunal members identified in Section II above that could give rise to an actual or potential conflict of interest. Specifically:
(a) Theodore Langston, Partner — Confirmed no conflict. No personal, financial, or professional relationship with any searched party.
(b) Vivienne St. Claire, Partner — Confirmed no conflict. No personal, financial, or professional relationship with any searched party.
(c) Simone Laroche, Senior Associate — Confirmed no conflict. No personal, financial, or professional relationship with any searched party.
(d) Jeffrey Park, Associate — Confirmed no conflict. No personal, financial, or professional relationship with any searched party.
3. Financial Interest Review. The undersigned have confirmed that no C&H attorney holds any direct or indirect financial interest — including equity ownership, stock options, partnership interests, debt instruments, or any other form of pecuniary interest — in Whitmore Aerospace LLC, Kestrel Dynamics GmbH, Valkyr Precision Components Inc., Veltrano National Bank, N.A., Pinnacle Continental Insurance Co., or any other entity identified in Section II above.
4. IBA Guidelines on Conflicts of Interest. Although not strictly binding, the Firm has also considered the IBA Guidelines on Conflicts of Interest in International Arbitration (revised 2014) in connection with this engagement, given the international nature of the ICC arbitration. No circumstances falling within the Red List (Non-Waivable or Waivable), Orange List, or Green List of the IBA Guidelines were identified that would preclude the Firm's representation of WAL.
VI. Conclusion and Recommendation
Based on the comprehensive conflict of interest check described in this memorandum, the undersigned confirm that the conflict check is clear across all searched parties, counsel, experts, and anticipated tribunal members. No actual, potential, or apparent conflict of interest has been identified that would preclude Calderwood & Harkness LLP from representing Whitmore Aerospace LLC as Respondent in ICC Case No. 27914/MHM (Kestrel Dynamics GmbH v. Whitmore Aerospace LLC).
The undersigned recommend that the Firm proceed with the engagement of Whitmore Aerospace LLC under the following parameters:
The undersigned further note that if additional parties, witnesses, experts, or other individuals or entities with a material connection to the arbitration are identified during the course of the representation, supplemental conflict checks should be conducted promptly in accordance with the Firm's Conflict of Interest Policy, and the results should be documented and appended to this memorandum. This obligation extends, without limitation, to any additional subsidiaries or affiliates of WAL or Kestrel that may be implicated by the arbitration, any additional fact or expert witnesses, and any replacement or additional members of the arbitral tribunal.
VII. Approval
The undersigned request approval to proceed with the proposed engagement as described in this memorandum.
RESPONSIBLE PARTNER
By: ________
Name: Theodore Langston
Title: Partner, Calderwood & Harkness LLP
Date: ________
BILLING PARTNER
By: ________
Name: Vivienne St. Claire
Title: Partner, Calderwood & Harkness LLP
Date: ________
GENERAL COUNSEL'S OFFICE / CONFLICTS COMMITTEE
By: ________
Name: ________
Title: ________
Date: ________
Approved:  Yes  No Comments: ________
Date of Approval: November 1, 2022
This memorandum is CONFIDENTIAL and constitutes ATTORNEY WORK PRODUCT. It is prepared solely for internal use by Calderwood & Harkness LLP in connection with the Firm's conflict of interest review procedures and is not intended for distribution to any party outside the Firm. Any unauthorized disclosure, copying, or distribution of this memorandum or its contents is strictly prohibited.
Field | Detail
Full Legal Name | Whitmore Aerospace LLC
Entity Type | Limited Liability Company, organized under the laws of the State of Delaware
Headquarters | 4200 Wilson Boulevard, Suite 1100, Arlington, Virginia 22203
Employer Identification Number (EIN) | 54-3298710
Registered Agent (Delaware) | Pemberton Industries, 1209 Orange Street, Wilmington, Delaware 19801
Principal Manufacturing Facility | 8500 Coppermine Road, Manassas, Virginia 20110
Chief Executive Officer | Marcus J. Whitmore III
Vice President & General Counsel | Dana Prescott
VP, Global Supply Chain Operations | Gerald Huang
SVP, Engineering & Manufacturing | Dr. Ingrid Vollmer
Industry | Aerospace and defense manufacturing; propulsion systems and structural airframe components
Annual Revenue (FY2022) | Approximately $1.87 billion
Employees | Approximately 6,400
Field | Detail
Full Legal Name | Kestrel Dynamics GmbH
Entity Type | Gesellschaft mit beschränkter Haftung (German limited liability company)
Registered Office | Industriestraße 88, 70565 Stuttgart, Federal Republic of Germany
German Trade Register No. | HRB 745621 (Amtsgericht Stuttgart)
Managing Director (Geschäftsführer) | Friedrich Brenner (co-founder)
Commercial Director | Luisa Erdmann
Head of Quality Assurance | Dr. Stefan Voss
Industry | Precision-machined aerospace components; titanium and nickel-alloy turbine housings
Annual Revenue (FY2022) | Approximately €312 million
Employees | Approximately 1,800
Field | Detail
Full Legal Name | Haber Reinhardt Schlosser Partnerschaft mbB ("HRS")
Stuttgart Office | Königstraße 35, 70173 Stuttgart, Federal Republic of Germany
London Office | 30 St Mary Axe, London EC3A 8BF, United Kingdom
Lead Partner | Dr. Maximilian Haber
Associate Counsel | Katrin Schäfer, Senior Associate
Name | Nationality | Role | Notes
Prof. Dame Eleanor Fitzwilliam | British | Potential presiding arbitrator | Queen Mary University of London; Essex Court Chambers
Dr. Hans-Ulrich Perren | Swiss | Anticipated Claimant's nominee | Schellenberg Wittmer Ltd., Glenrock Assurance; experienced ICC arbitrator
Hon. Robert A. Castillo | United States | Anticipated Respondent's nominee | Retired, U.S. District Court for the Southern District of New York; now of counsel, Castillo ADR Services LLC
Field | Detail
Engagement Number | 1019-00001
Client | Whitmore Aerospace LLC
Matter | ICC Case No. 27914/MHM — Defense and Counterclaim
Responsible Partner | Theodore Langston
Billing Partner | Vivienne St. Claire

CALDERWOOD & HARKNESS LLP 600 Lexington Avenue New York, New York 10022

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BILLING PARTNER

GENERAL COUNSEL'S OFFICE / CONFLICTS COMMITTEE

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