Jerker Pitkänen

Partner, Member of the Finnish Bar

Services

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

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

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
eQ Community Properties Fund – Acquisition of a property portfolio
We advised eQ Community Properties Fund in its acquisition of a property portfolio comprising a health centre in Espoo, a daycare property in Vantaa, an elementary school in Helsinki, and a parking facility property in Helsinki from Ilmarinen Mutual Pension Insurance Company. The lettable area of the first three properties is approximately 13,900 sq.m., while the parking facility offers 120 parking spaces. The portfolio’s tenants include the City of Helsinki, the City of Vantaa, the Western Uusimaa Wellbeing Services County, and Aimo Park Oy. In connection with the transaction, Ilmarinen invested in eQ Community Properties fund as per 31 December 2024.
Case published 9.1.2025
Finnish manufacturing company – Arbitration proceedings under the SCC rules
We successfully represented a Finnish manufacturing company in arbitration proceedings under the SCC rules against a global construction company. The dispute was governed by Finnish law and the seat of arbitration was Stockholm, Sweden. The dispute mainly concerned the termination of an erection contract and the right to compensation for delays of the project and for cost increases due to Russia’s invasion of Ukraine. The main questions in dispute were the lawfulness of the termination of the erection contract as well as the consequences of the termination such as the right to costs to complete the project after termination, the right to liquidated damages for delay of the project and adjustment of contract price due to cost increases. The total value of the dispute exceeded EUR 15 million.
Case published 8.1.2025
Korkia Oy – Renewable energy loan agreement
We advised Korkia Oy in its loan agreement with Nordic Environment Finance Corporation. The financing will support the development and international scale-up of Korkia’s pipeline of solar energy, battery energy storage system (BESS) and onshore wind projects. Korkia is a dedicated investor in renewable energy operating in nine countries. It has a robust development pipeline of over 20 GW in renewable energy and energy storage projects.
Case published 7.1.2025
Commerzbank – Vessel construction financing for Meyer Turku
We acted as the Finnish law legal advisor to Commerzbank AG, which served as the coordinator, bookrunner, documentation agent, facility agent and security agent of an international banking syndicate. This syndicate provided an ECA-covered construction financing facility of more than EUR 1 billion for the Finnish shipyard company Meyer Turku Oy. The loan facility will be used on the construction of one new passenger cruise ship. The newbuilding is the third of the ICON class. According to Meyer Turku Oy the ICON-class ships are the world’s most advanced and the most environmentally friendly cruise ships of their owner, Royal Caribbean Cruise Lines.
Case published 30.12.2024
Oomi – Transfer of KSS Energia’s electricity sales contracts for consumer and business customers to Oomi
We are advising Oomi Oy in a business transaction whereby KSS Energia Oy’s consumer and business customers in the retail sale of electricity will be transferred to Oomi. The transfer is scheduled to take place in March 2025. The arrangement requires approval from the Finnish Competition and Consumer Authority. Oomi Oy is one of the largest energy service companies and electricity sellers in Finland. The arrangement is a result of the recent development of the electricity market and Oomi’s strategy, which aims to offer customers a seamless and improved digital customer experience.
Case published 20.12.2024
24 Pesula – Investment transaction
We advised 24 Pesula group in a transaction where Juuri Partners made an investment in Finland’s largest self-service laundry chain, 24 Pesula. Juuri Partners’ investment supports 24 Pesula’s strategy of strengthening its domestic market leadership, developing digital services, and expanding internationally. 24 Pesula, founded in 1999, has established a strong market position in the self-service laundry market with over 50 locations in Finland. The company has its own production facilities in Nokia, Finland. In the UK, 24 Pesula currently operates in four locations, and the company plans to expand into other international markets in the coming years. Juuri Partners is a Finnish private equity company, which invests in Finnish growth focused SMEs and offers financing to established and profitable SMEs in Finland.
Case published 20.12.2024

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