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 – Sale of two healthcare properties
We assisted eQ Community Properties Fund in the sale of two healthcare properties to a fund managed by Northern Horizon. The properties have a total floor area of approximately 3,500 square meters. The two properties are located in Espoo and Lahti. The Espoo asset was completed in 2018 and the Lahti asset was completed in 2023. Both assets are operated by Attendo, the leading care provider in the Nordic region.
Case published 9.5.2025
BMW AG – Enforcement of BMW’s trademark and design rights
We successfully represented BMW in an exceptionally long dispute over whether the spare rims sold by the defendant and the hub caps included in them infringed BMW’s trademark and design rights. The Market Court found that the sign used by the defendant caused a likelihood of confusion with BMW’s trademarks. The defendant had used the sign on the hub caps and in the marketing of the hub caps and rims, leading the Market Court to find that the defendant had infringed BMW’s trademark rights. The defendant admitted to infringing BMW’s Community design but denied the related injunction claim. However, the Market Court found that there was no particular reason to refrain from issuing an injunction. The Market Court prohibited the defendant from continuing to infringe BMW’s trademarks and Community design and ordered the defendant to alter or destroy the products and marketing materials that infringed BMW’s rights. Furthermore, the Market Court ordered the defendant to pay BMW EUR 70,000 in reasonable compensation and EUR 80,000 in damages for the trademark infringements, as well as EUR 7,000 in reasonable compensation and EUR 8,000 in damages for the design right infringement. The amounts can be considered exceptionally high in Finland. Additionally, the Market Court ordered the defendant to pay a significant portion of BMW’s legal costs with interest on late payment. In its decision of 11 March 2025, the Supreme Court of Finland did not grant the defendant leave to appeal, and also decided that there was no need to seek a preliminary ruling from the Court of Justice of the European Union. Thus, the Market Court’s judgements (MAO:494/18 ja 517/2023) are final. In addition to the main dispute, BMW demanded in a separate proceeding that one of the defendant’s trademark registrations be revoked. A total of three separate legal proceedings were conducted in the Market Court regarding the revocation. The defendant’s trademark registration was ultimately revoked.
Case published 9.5.2025
DNA – Global brand portfolio management and IP enforcement
We are advising DNA Plc in brand protection and intellectual property enforcement matters globally. Our intellectual property team manages DNA’s global trademark portfolio, including registration, prosecution, opposition and enforcement. We also advise DNA in questions concerning consumer and marketing law, unfair competition, social media, domain names and cybersquatting. DNA Plc is one of Finland’s leading telecommunication companies. DNA offers connections, services and devices for homes and workplaces, contributing to the digitalisation of society. The company has approximately 3.7 million subscriptions in its fixed and mobile communications networks. In 2024, DNA’s total revenue was EUR 1,100 million, and the company employs about 1,600 people around Finland. DNA is part of Telenor Group.
Case published 7.5.2025
Foodiq – Restructuring proceedings
Castrén & Snellman’s Attorney Christer Svartström acted as the administrator in the restructuring proceedings of Foodiq Oy, which began on 11 March 2024. Foodiq is a unique future food focused company that develops and produces plant and milk-based products for both the private and public sectors. The company’s largest shareholder is a Swedish investment company focusing on FoodTec, Nicoya AB. The majority of creditors approved the draft restructuring programme in expedited proceedings after restructuring proceedings that lasted just under a year. The District Court of Helsinki affirmed the restructuring programme including the one-day payment programme on 10 March 2025 and appointed Attorney Christer Svartström as the supervisor of the programme. In cooperation with the parties, they found an effective and quick restructuring solution for the company, avoiding a long-term programme and allowing the company to focus on its core business. The restructuring programme was financed by investments made by the company’s investors. At the same time, the one-day programme provided a better outcome for creditors compared to a longer programme. The implementation of the restructuring programme ended successfully on 28 March 2025.
Case published 6.5.2025
PwC – Public tender in Kela’s Eepos procurement process
We are proud to have provided legal assistance to PwC in the successful public tendering process for the comprehensive renewal of Kela’s benefits processing systems. Kela is the Social Insurance Institution of Finland, and this project is a significant cornerstone in modernising Finland’s social security infrastructure. PwC was selected as Kela’s strategic partner to implement a comprehensive overhaul of the benefits processing systems, digital services, customer relationship management, and information exchange platforms. The project aims to meet the demands of the future digital environment and enhance customer experience through the adoption of Salesforce technology. The new systems are expected to simplify benefit processes, enhance user experience for both customers, employees and other stakeholders, and ensure adaptability to future legislative changes. Castrén & Snellman provided strategic legal support to PwC throughout its successful bidding process, which was carried out through a competitive negotiated procedure. We extend our warmest congratulations to PwC for their successful bid and look forward to seeing the positive impact of this project on Finland’s social security system.
Case published 24.4.2025
Milexia Group –  Acquisition of business of Alpha Positron
We advised Milexia Group, a portfolio company of the French PE sponsor Crédit Mutuel Equity, on its acquisition of the activities of Alpha Positron Oy, a Finnish distributor specializing in GPS/GNSS, time and frequency solutions for the electronics industry, process automation, corporate IT, defense, and other demanding markets. Milexia Group is one of the world’s leading European suppliers for high-quality electronic components, systems and scientific instruments technology. It has offices, warehouses and technical centres in France, Italy, Spain, the United Kingdom, Germany, Nordics and Hong Kong. The acquisition aligns with Milexia’s strategy to expand its presence in the Nordic region and enhance its portfolio of communication solutions.
Case published 24.4.2025

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