Kimmo Heikkinen

Title: 
Partner
Office: 
Helsinki
Telephone: 
+358 9 2288 4485
Mobile: 
+358 44 524 6228
Language: 
English
Finnish
Assistant: 
Tiina Ellisaari

Assistant's telephone:

+358 9 2288 4349

PRACTICE AND EXPERIENCE

Kimmo practices commercial litigation and arbitration.

He is highly experienced in complex and technically demanding construction, engineering and project delivery disputes. Clients regularly also engage Kimmo to avoid potential disputes in on-going or contemplated major industrial, infrastructure and similar projects.

In addition, Kimmo represents clients in a variety of other commercial disputes relating e.g. to long-term energy contracts, joint ventures, shareholders’ agreements and share purchase agreements.

RECENT REFERENCES

  • Represented 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 EUR 100 million.
  • Represented a German real estate investment company as the claimant in an arbitration governed by the Rules of the Arbitration Institute of the Finland Chamber of Commerce. The dispute concerned, inter alia, application of a put option under a share sale and purchase agreement of shares of a Finnish real estate company. The value of the dispute exceeded MEUR 20. The arbitral tribunal enforced the put option fully in accordance with the claim.
  • Represented a major Russian nuclear power production company in relation to a litigation before the Helsinki District Court between a Finnish company as the claimant and the Russian Federation as the respondent. The monetary interest of the dispute amounted to approximately RUB 600 million (corresponding to approximately EUR 15,5 million). Following our client’s successful third party intervention into the said litigation, all claims against the Russian Federation were dismissed. The District Court’s judgment remained final.
  • Advised in relation to several nuclear power plant projects.
  • Continuously advises developers, contractors, suppliers, construction managers and other construction consultants in drafting of contracts as well as preparing of claims and settling of disputes in various construction related projects and supply contracts.
  • Represented successfully an industrial company in an arbitration arising from a termination of a letter of intent relating to a major Finnish industrial construction project.
  • Represented a leading project management consultant in a litigation against a major housing investor as the client. The dispute concerned e.g. purported joint and several liability of the project management consultant and a building works contractor as well as consultant’s alleged gross negligence. The value of the dispute exceeded MEUR 17.
  • Represented YIT Corporation in a joint venture with Etera, Onvest and Fennia for the implementation of the Mall of Tripla and its parking facilities.
  • Counsel to Veolia in a JV with Neste and Borealis to build a new combined heat and power plant and produce and supply steam and other utilities to Neste's refinery and Borealis' petrochemical plant in Porvoo, Finland.
  • Advised the Finnish Transport Agency in its acquisition of the Public-Private Partnership (PPP) project regarding the construction and maintenance of the E18 motorway section Hamina–Vaalimaa. The total value of the project is approx. EUR 378  million.
  • Represented a Russian subsidiary of a Finnish construction company against a Russian subsidiary of a major multinational retail company in a Stockholm-based SCC arbitration concerning a major construction project in Russia, with complex issues regarding precautionary measures 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.
  • Represented a Finnish public company as the building owner against a contractor in a complex construction dispute in a Finnish District Court. The dispute concerned the termination of a construction contract, various claims for damages, claims for reduction in the 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.
  • Represented a Lithuanian real estate developer in an arbitration against a Lithuanian contractor regarding construction contract of a major shopping centre.
  • Represented successfully a major Finnish company as a respondent in a dispute arising from a termination of a long-term energy co-operation agreement. Claimant sought the adjustment of allegedly unreasonable contractual provisions under Section 36 of the Contracts Act.
  • Represented successfully a foreign bank as a guarantor against a Finnish company as a beneficiary in a dispute concerning first demand guarantee and application of the ICC Uniform Rules for Demand Guarantees.
  • Represented clients in several interim measures proceedings obtaining the freezing of the counterparties’ receivables from Finnish banks based on first demand guarantees issued by the banks.
  • Represented successfully a Finnish listed company against a labour union in obtaining an ex parte injunction order, which permitted our client to collect its containers from a port blocked by the labour union on strike.

RANKINGS

  • Ranked as "Next Generation Lawyer" in Dispute Resolution in the 2017 edition of Legal 500

MEMBERSHIPS AND POSITIONS OF TRUST

  • Member of the Finnish Bar Association
  • Member of the Finnish Arbitration Association

EDUCATION AND PROFESSIONAL BACKGROUND

  • Partner, Hannes Snellman, 2015
  • Managing Associate, Hannes Snellman, 2013
  • Senior Associate, Hannes Snellman, 2010
  • Associate Lawyer, Hannes Snellman, 2005
  • Trainee Lawyer, Hannes Snellman, 2005
  • Master of Laws, University of Helsinki, 2005