Jerker Pitkänen

Partner, Member of the Finnish Bar

Services

  1. International Construction & Projects
  2. Dispute Resolution
  3. Shipping & Logistics
  4. Insurance
  5. Data Centres

Contact details

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

YIT – Data centre construction agreements with XTX Markets
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
WasaGroup – Planning of production and technology campus in Mustasaari
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
FinnHEMS – Set-Aside Proceedings of an Arbitral Award
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
Nala Renewables – Development, acquisition and financing of battery energy storage system (BESS) project
We advised Nala Renewables on the Finnish law aspects of the development, acquisition and financing of its battery energy storage system (BESS) project in Vuolijoki, Finland. The project comprises a 125 MW / 250 MWh battery energy storage system. Our advice extended beyond financing to the transaction’s legal due diligence and the acquisition of the project company. We also advised on key project contracts and financing documentation for the project finance facilities provided by Coöperatieve Rabobank U.A. The project is part of Nala Renewables’ growing portfolio of battery storage assets in Finland and the wider Nordic region, supporting the integration of renewable energy and contributing to the flexibility and stability of the Finnish electricity grid.
Case published 3.11.2026
Foundation Clinic – Funding Round
We advised Foundation Clinic in connection with its funding round backed by a group of prominent Finnish technology entrepreneurs and investors, including founders behind Supercell and Wolt. Foundation Clinic is a Finnish healthcare company developing a new approach to private healthcare focused on preventive, data-driven and continuous care. The company aims to combine comprehensive health data with ongoing medical care to identify and address health risks at an early stage.
Case published 29.10.2026
Delta Capacity – Project financing of two battery energy storage systems (BESS)
We advised Delta Capacity AG in a project financing of two battery energy storage systems (BESS). The financed projects are among the largest BESS developments in Finland to enter construction with 250 MW / 600 MWh combined capacity. The financing was provided by Société Générale with support from Finnvera. Construction of both projects, located in Lapinlahti and Teuva, has already begun and the commercial operations are targeted to commence in late 2027 with partial tolling agreements already in place for both assets. The project in Lapinlahti is executed in partnership with Covenergo, while the project in Teuva is executed in partnership with Strioga Family Foundation. Delta Capacity is a Swiss developer of utility-scale battery storage systems. The projects strengthen Delta Capacity’s growing Nordic portfolio and support the flexibility of Finland’s electricity system by adding energy storage capacity, enabling production optimization as well as participation in electricity markets and reserve services.
Case published 28.10.2026
Martela Corporation – Directed share issue and combination of share series
We acted as legal adviser to Martela Corporation in its directed share issue, through which Martela raised gross proceeds of approximately EUR 7.2 million to strengthen the company’s financial position and liquidity and to create headroom for continuing the necessary development and efficiency measures. In connection with the directed share issue, Martela’s unlisted series K shares, which carried greater voting rights, were combined with its listed series A shares. Following the combination, the company has only one share series, which is traded on the regulated market maintained by Nasdaq Helsinki Ltd, with each share carrying one vote and otherwise identical rights. Martela is a Nordic leader specialising in user-centric working and learning environments. With over 80 years of experience, Martela creates the best places to work and offers its customers the Martela Lifecycle solutions which combine furniture and related services into a seamless whole.
Case published 27.10.2026
Banyan Software – Acquisition of Carus Ferry
We acted as legal adviser to Banyan Software on its acquisition of Carus Ferry, a Finland-based provider of reservation, check-in and port operations software for ferry and passenger shipping operators. The acquisition further strengthens Banyan Software’s presence in the Nordic region while providing Carus with a long-term partner to support its continued growth and development. Carus was founded in 1998 and is headquartered in Mariehamn on the Åland Islands, Finland. The company develops mission-critical software for ferry, cruise and passenger shipping operators, covering the full passenger journey from booking and ticketing to capacity management, check-in and boarding. Carus also provides port automation, onboard sales systems and business information tools. The company serves approximately 30 operators across four continents and is the largest vendor by customer count in ferry reservation and departure control. Banyan Software is an acquirer and long-term operator of mission-critical software businesses serving specialised industries. Founded in 2016, Banyan follows a buy-and-hold-for-life approach and supports the long-term growth and development of its portfolio companies. Banyan operates more than 130 portfolio companies across North and South America, the United Kingdom, Europe and APAC. Following the acquisition of Carus, Banyan operates three businesses in the Nordic region.
Case published 20.10.2026

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