Construction and Engineering Disputes
- A major Finnish listed company as the end user of a large and highly complex industrial plant in an ad hoc construction & engineering arbitration under the Finnish Arbitration Act, the value of the dispute exceeding MEUR 120.
- A Russian subsidiary of a Finnish construction company against a Russian subsidiary of a major multinational retail company as the building owner in an arbitration governed by the SCC Arbitration Rules and Swedish material law. The dispute concerned a major construction project in Russia with claims exceeding MUSD 75. Apart from the main arbitration proceedings before a Stockholm-based arbitral tribunal, complicated court proceedings regarding the attachment of the counterparty's assets (totalling MUSD 18) based on first demand guarantees took place before the Supreme Court of Finland. After the tribunal had issued a partial award in the case, the dispute ended in a settlement favourable to our client.
- A Finnish engineering consortium in an ad hoc arbitration seated in Switzerland against a Turkish customer who had ordered a power plant. The applicable material law was Turkish law while Swiss procedural law applied.
- A Finnish listed company as the building owner against a contractor in a complex construction dispute before a Finnish District Court. The dispute concerned termination of a construction contract, various claims for damages, claims for the reduction of contract price, claims for additional payments on the basis of alleged plan modifications and several other topical issues regarding the application of the General Conditions for Building Contracts (YSE 1998). The proceedings included a six-week hearing with over 50 witnesses and extensive presentations of highly technical evidence concerning e.g. the structural and architectural plans of the project.
- A producer of hydraulic equipment in proceedings before a Finnish District Court against a US claimant. The producer was successfully defended against claims that the components (the vast majority of which had broken during their use) were flawed with a manufacturing defect. The case was of significant monetary value and involved extensive and technically complex evidence as well as high-profile technical experts.
- A Finnish company in a dispute against a well-known UK supplier concerning the delivery of turbines to Russia and services related thereto. Our client won the ICC arbitration and the claimant withdrew the rest of its claims.
- A globally leading consulting and engineering company in court proceedings regarding the application of a limitation on a structural engineer’s liability contained in a consultancy agreement in a situation where the damage had occurred to a third party. After the District Court had ruled in favour of our client, the adverse party withdrew its claim and accepted to compensate all legal costs incurred by our client.
- A Danish company against a Finnish subcontractor in a landmark damages litigation regarding the issue of whether a letter of intent, concluded between the parties in connection with the construction of a power plant, constituted de facto a binding contract that required our client to provide certain works to the Finnish subcontractor. The case proceeded to the Supreme Court, which reversed the lower courts’ decisions and dismissed all claims against our client.
- A Finnish listed company against a Finnish real estate company in an arbitration governed by the Arbitration Rules of the Central Chamber of Commerce of Finland. The dispute concerned a major shopping centre project and the adjustment of particular contractual provisions based on the building costs of the project. Following our successful defence, the claimant's claims (exceeding MEUR 10) against our client were dismissed in their entirety.
- A Finnish listed company as the end user of a large building project against a major building developer in a multi-million euro construction and engineering arbitration governed by the Arbitration Rules of the Central Chamber of Commerce of Finland. The dispute concerned the building costs, alleged faults in plan management and instructions, additional and modification works as well as project management liabilities.
- Two Finnish companies as the developer and the building owner in a construction dispute against a Finnish listed contractor. The dispute concerned an enlargement of a major shopping centre. The contractor presented various claims against our clients exceeding 5 MEUR on the basis of e.g. alleged plan modifications, alteration works and time extension. Following extensive negotiations the dispute was resolved amicably in favour of our clients.