Jesper Tiberg

Partner, Westerberg

I am one of the partners that founded Westerberg & Partners in 2019 and head of the firm's Dispute Resolution Group. Prior to founding Westerberg I was a partner at Lindahl and before that Rydin Carlsten. My focus area is international and domestic arbitration and litigation. My work often concerns energy-related cases with an East-West angle, cases in the financial industry and construction cases. I am often retained as counsel in international arbitrations seated in Sweden, but I have also been entrusted significant cases for the challenge of arbitral awards. I also regularly act as arbitrator. Recent work highlights include successfully acting for the Russian Federation in set-aside proceedings related to two awards issued in the Yukos cases. I am currently involved in other set-aside proceedings relating to awards in both the oil and gas sectors and in proceedings for enforcement in Sweden of international awards. In a recently concluded matter, I represented Kaupthing Bank in the Swedish courts which involved more than 450 parallell cases. Other than that, I have successfully represented companies in the finance industry in arbitration and court proceedings in Sweden. I am listed among the leading Swedish dispute resolution lawyers by several ranking institutes. In such listings, clients and peers have flattered me with quotes like 'excellent legal skills and responsiveness', 'very charming and intellectually fluent' and even 'he is one of the best lawyers I have ever worked with'. Besides Swedish I am fluent in English and have a basic knowledge of German.

Contributed to

4

Challenging the tribunal’s jurisdiction in Sweden

Practice notes

This Practice Note considers how to challenge the arbitral tribunal’s jurisdiction under Swedish law. It considers the arbitrator(s)/tribunal’s power to determine its own jurisdiction under section 2 of Swedish Arbitration Act and the court’s powers to review that decision. The arbitrators must consider separability and the doctrine of assertions in their deliberations. The Practice Note also covers the consequences of the tribunal finding that it does or does not have jurisdiction to determine the dispute. The Practice Note also covers the difference between a decision and an award on jurisdiction by the tribunal.

Arbitration

Enforcing arbitral awards in Sweden

Practice notes

This Practice Notes considers the recognition and enforcement of arbitral (arbitration) awards in Sweden. It covers the application to the Svea Court of Appeal under the Swedish Arbitration Act for exequatur and the role of the Swedish Enforcement Agency. It also covers the grounds of refusal available under the New York Convention. The Practice Note also covers the court’s power to stay the proceedings pending the outcome of proceedings in the jurisdiction where the award was made.

Arbitration

Interim remedies in support of arbitration in Sweden

Practice notes

This Practice Note sets out the interim remedies available in Sweden in support of arbitration. It covers remedies available from the tribunal and the courts under the Swedish Arbitration Act.

Arbitration

State immunity and arbitration in Sweden

Practice notes

This Practice Note sets out the concept of state (sovereign) immunity under Swedish law. Swedish law distinguishes between acts of the state in a commercial and sovereign capacity. It also discusses how the issue of state immunity arises in the context of international arbitration. The note covers the Swedish Supreme Court decision in Sedelmayer and the distinction between state and diplomatic immunity.

Arbitration