White & Case
  Claes Zettermarck
Partner
Stockholm

T: + 46 8 506 32 339
F: + 46 8 611 21 22
E:
Practice Experience
Mr. Zettermarck's areas of practice include arbitration, general commercial litigation and mergers and acquisitions.

In addition to his representation of clients in arbitrations, Mr. Zettermarck is often requested to serve as an arbitrator. The parties in arbitrations with which he has been involved have been Swedish, Norwegian, Finnish, Danish, Italian, German, American, Chinese and Russian entities.

In the litigation area, Mr. Zettermarck has litigated cases at all levels of the Swedish court system and has extensive experience in the area of construction litigation.

Active in the merger and acquisitions area, Mr. Zettermarck has represented sellers, investors, management and financial institutions. The main focus is however to represent private equity firms. In recent transactions, Mr. Zettermarck has for example assisted clients in transactions regarding the divestiture of a bed manufacturing business, the divestiture of an air and sea freight forwarding company and the acquisition of a supplier to the automotive industry.

Prior to joining White & Case in 1983, Mr. Zettermarck was a partner and formerly an associate with a Swedish firm. He also served as a junior judge at the Svea Court of Appeals and a law clerk at the District Court of Södertörn. Mr Zettermarck is the vice president of the Swedish Bar Association.

The litigation and arbitration practice involves representations of clients in litigations and arbitrations as well as serving as an arbitrator, both as party appointed arbitrator and as chairman. The arbitrations have been conducted ad hoc, according to the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, according to the ICC rules, the rules of the Arbitration Institute of the Central Chamber of Commerce of Finland and according to the UNCITRAL rules. The arbitrations have involved, inter alia, Swedish, Norwegian, Finnish, Danish, Italian, German, US, Chinese, Canadian, Turkish and Russian entities. The languages of the arbitrations have been Swedish or English.

Representatives matters as counsel in litigation and arbitrations are:
  • Representation of a company from Eastern Europe in a ICC arbitration regarding alleged breaches of contract for the construction of mobile telecommunications networks involving site acquisition (eg. design and legal permitting) civil construction, and equipment installation.
  • Counsel to the Swedish government in an arbitration regarding the value of the shares in a major Swedish bank.
  • Counsel to a Swedish multinational company in a dispute with a Norwegian company regarding alleged breach of a share purchase agreement.
  • Defendant's counsel to a bank in an arbitration regarding alleged liability for sold securities.
  • Counsel to a consortium of contractors in a dispute with a subcontractor regarding compensation for additional work.
  • Plaintiff's counsel to a purchaser of a company in an arbitration regarding alleged breach of representations and warranties of a share purchase agreement.
  • Defendant's counsel to the seller of a company in an arbitration regarding alleged breach of representations and warranties in a stock purchase agreement.
  • Counsel to a Russian joint-venture in a dispute with an American company regarding a project management agreement.
  • Counsel to a Russian company in a dispute with a Canadian company regarding investments in an oilfield in Russia.
  • Counsel to Contractors and Employers in various construction contract disputes.
  • Counsel to the Swedish Government in a dispute regarding an alleged malfeasance exercise of public authority.
  • Counsel to the Swedish Government in a dispute with a company under reconstruction regarding an alleged breach of contract duties.
  • Counsel to a Swedish multinational company in a dispute with a Swiss company regarding an alleged breach of a share purchase agreement.
  • Counsel to a public authority regarding a cancellation of a computer system.
  • Representative matters as arbitrator are:
  • Chairman in a dispute regarding wrongful termination of a contract for the construction of a plant.
  • Party appointed arbitrator in a dispute regarding cancellation of a turnkey contract for industrial equipment.
  • Party appointed arbitrator in a dispute regarding delivery of industrial equipment to a Chinese entity.
  • Party appointed arbitrator in a dispute regarding an alleged breach of a tax related warranty according to a share purchase agreement.
  • Chairman in a dispute regarding alleged defects in computer software delivered to an Italian joint venture.
  • Chairman in a dispute between a Turkish company and its joint-venture partners in a telecom project in one of the CIS republics.
  • Chairman in a dispute between a Contractor and an Employer regarding the alleged wrongful termination of a construction contract.
  • Representative matters as mediator are:
  • Mediator in a dispute regarding the sale and installation of industrial machine equipment between an English supplier and a Finnish buyer.
  • Speaker at seminar arranged by the Stockholm Chamber of Commerce regarding mediation for lawyers and business people.

The arbitration/litigation practice mainly involves construction, M&A, banking and finance matters. During the last twenty years experience from the construction field includes contracts re power plants, highways, pipelines, bridges, airports, gas refineries, office buildings, housing projects, harbors, water towers and joint venture agreements.

The sums in dispute in the matters referred to above have varied from US$ 1-2 million up to US$ 500 million.

Bars and Courts
Swedish Bar, 1980

Education
LLM, Juris kandidat, Stockholm University, 1972

Professional Associations and Memberships
Vice President of the Swedish Bar Association 2009 –
Swedish Society for Construction and Consulting Law

Languages
English
Swedish

Citizenship
Sweden