Jerker Pitkänen

Partner, Member of the Finnish Bar

I have worked in the fields of risk management and dispute resolution for more than a decade. My main areas of expertise include arbitration, litigation, mediation and pre-dispute consultation. I also frequently advise clients in non-contentious matters, with a focus on construction, insurance and corporate law matters.

A considerable part of my work consists of international and domestic arbitration. In recent years, I have worked closely with clients in the energy sector, acting as counsel in numerous large-scale contractual disputes for both contractors and employers. I have gained vast experience from various EPCM and EPC (both FIDIC based and customised) contracts governed by laws of different countries, including Finnish, Swedish, Estonian and English law. Furthermore, I often advise clients in post-M&A disputes and disputes related to shareholders’ agreements, sale of goods, product liability and IT.

I have also been appointed as arbitrator and acted as secretary for arbitral tribunals in large-scale disputes. In addition to arbitration, I frequently litigate in courts of all instances.

Latest references

We advised the urban developer and construction company YIT on the drafting and negotiation of two construction agreements with the leading algorithmic trading firm XTX Markets for the development of two data centres in Kajaani, Finland, which are part of XTX Markets’ data centre complex. The first agreement, valued at approximately EUR 100 million and signed in December 2024, marked the commencement of the construction of the first data centre facility in Kajaani, establishing Kajaani as a strategic hub for high-performance computing infrastructure.  Building on the success of this collaboration, YIT and XTX Markets entered into a second agreement in August 2025 to commence construction of a second data centre facility. This phase includes the delivery of the shell and core of the new building.
Case published 20.11.2025
We advised WasaGroup Ltd in a green transition project where WasaGroup will plan Hitachi Energy’s new production and technology campus in Mustasaari. WasaGroup will be responsible for planning, permitting, managing and conducting the entire project as well as for the tender processes. We advised WasaGroup in drafting and commenting the project management and financing agreements for the project. The Mustasaari campus will be approximately 30,000 square meters in size. The investment by Hitachi Energy will double the capacity for transformer production in Finland, and the product range will expand to include even larger transformers. The objective of the investment is to meet the demand for transformers and other modern technology that is increasing in Finland and internationally due to the green energy transition. The first phase of the project involved an agreement for a development project to prepare the building permit and reach sufficient planning readiness for the implementation of the project. The aim is to have the production and technology campus in use by 2027.
Case published 30.5.2024
We represented FinnHEMS Oy, the company in charge of Helicopter Emergency Medical Services (HEMS) operations in Finland, in set-aside proceedings. In 2016, an arbitral tribunal rendered an award dismissing the claims presented by FinnHEMS against one of its service providers. The arbitral tribunal accepted that the service provider had breached the agreement, but decided not to award any compensation to FinnHEMS, as the arbitral tribunal considered FinnHEMS to have failed to give notice of the breaches within a reasonable time. However, the service provider had not invoked failure to give notice as grounds for disputing the claim during the arbitration. Consequently, FinnHEMS initiated set-aside proceedings in the District Court of Helsinki. The District Court of Helsinki accepted FinnHEMS’ action and set the award aside. The service provider appealed to the Helsinki Court of Appeal, which also found in favour of FinnHEMS. Both the District Court of Helsinki and the Helsinki Court of Appeal accepted FinnHEMS’ argument that the arbitral tribunal had failed to provide FinnHEMS with sufficient opportunity to present its case and had exceeded its jurisdiction when basing its award on grounds not invoked by the parties in the arbitration. The Supreme Court did not grant the service provider leave of appeal, making the decision by the Helsinki Court of Appeal final.  The threshold for a court to set aside an award is high. Arbitral awards are meant to be final and can only be challenged on very limited grounds. All in all, there is very little legal praxis available relating to set-aside proceedings and even less so where an arbitral award has actually been set aside. Nevertheless, FinnHEMS was able to show that the arbitral tribunal had exceeded its jurisdiction and failed to provide FinnHEMS with sufficient opportunity to present its case to such a degree that the arbitral award was set aside. The final decision by the Helsinki Court of Appeal is noteworthy and rare in Finland and provides good guidance for future cases with respect to the limits of the powers of arbitral tribunals.
Case published 11.5.2020
We are assisting OP-Public Services Real Estate Fund in the sale of seven preschool properties to Kinland AS. The transaction value is approximately EUR 24 million, and the majority of the properties are located in the Greater Helsinki area. The portfolio comprises high-quality assets with EPC ratings of A or B, with most properties achieving the highest rating of A. The properties are leased to one of the sector’s leading private operators under lease agreements with a weighted average unexpired lease term of approximately 10 years. The transaction is expected to close on 18 December 2025.
Case published 2.12.2025
We are assisting CapMan Growth in making a significant investment in Factory, a Finnish restaurant chain known for its high-quality homemade meals and excellent value for money. The investment supports Factory’s ambitious growth strategy to expand nationwide and strengthen its presence also in shopping centres. Industry veteran Aku Vikström also joins as a co-investor and member of the board to support the company. Factory is a restaurant chain that specialises in high-quality homemade meals. In addition to buffet offerings, Factory provides catering services for meetings and events. All dishes are prepared in Factory’s own restaurant kitchens by the restaurants’ own chefs, and the menu focuses on diverse, high-quality home cooking. The company currently operates 22 restaurants in Southern Finland and employs around 200 people. CapMan Growth is a leading Finnish growth investor that makes significant investments in entrepreneur-led growth companies with turnover of €10–200 million. CapMan Growth is part of CapMan, which is a leading Nordic private equity investor engaged in active value creation work. CapMan has been listed on the Helsinki Stock Exchange since 2001.
Case published 2.12.2025
We advised Neste Corporation on the refinancing of its EUR 500 million term facility by way of two EUR 250 million bilateral term facilities provided by OP Corporate Bank plc and Danske Bank A/S, Finland Branch.  Each term facility has a maturity of three years with extension options.
Case published 25.11.2025
We are assisting Prisma Properties AB in a sale and leaseback arrangement with Kesko Oyj comprising ten grocery retail properties. The transaction value is approximately EUR 59 million, and the properties are located in Sastamala, Jyväskylä, Lappeenranta, Vihti, Oulu, Saarijärvi, Liminka, Imatra, Loviisa, and Eurajoki.  As part of the arrangement, the properties are leased back to Kesko Oyj under lease agreements with a weighted average lease term of 11.6 years. The portfolio includes well-known store concepts such as K-Citymarket, K-Supermarket, and K-Market.
Case published 20.11.2025
Castrén & Snellman acted as legal advisor to Coöperatieve Rabobank U.A. in its capacity as sole lender and hedging bank providing senior financing to Olana Energy for a Battery Energy Storage Systems (BESS) portfolio in Finland. Our advice included preparing a legal due diligence report on the projects as well as advising on the negotiation of the various finance and project agreements. Olana Energy is a management-owned fast-growing independent power producer with an international pipeline of over 1 GW. The diversified portfolio of assets ranging from 5 to 30 MW reinforces the Finnish grid at a granular level.
Case published 18.11.2025