Johan Sidklev

Partner, Stockholm

Corporate Investigations & Compliance, Dispute Resolution, Energy & Infrastructure

Contact

Johan heads Roschier’s Dispute Resolution practice and is the co-Head of the Corporate Investigations & Compliance practice in Sweden. Johan is specialized in commercial dispute resolution with extensive experience from international arbitration, often concerning energy-related disputes involving parties from Russia or CIS-countries. He has acted as counsel in some of the world’s largest arbitrations seated in Stockholm, London and Paris involving oil, gas and construction matters. In the area of investment arbitration Johan has experience from arbitrator’s appointments as well as advising both private investors and various governments as counsel, inter alia in matters concerning the Energy Charter Treaty and various bilateral investment treaties.

Johan is the presiding President of the Swedish Arbitration Association (SAA) and a member of the board of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). He recently served on the Rules Revision Committee for the new 2017 SCC Rules. He is appointed by the Kingdom of Sweden to the ICSID Panel of Arbitrators, maintained by the World Bank. He also serves on the Legal Advisory Task Force on Investment Protection at the Energy Charter Secretariat and he is an Executive Committee Member of the Russian and CIS Arbitration Network (RCAN). Johan has been the Headmaster of the SCC/SAA Arbitrator Training Program and has been a long-standing board member of Young Arbitrators Sweden.

Johan is regularly appointed as arbitrator in both national and international disputes. He is also frequently engaged as speaker and moderator at various conferences and is lecturing on international arbitration and investment protection law at Stockholm University.

In addition to his Swedish LL.M. degree Johan has studied at Fordham Law School in New York (2005) and the University of Miami (1994).

Recognitions

Johan is recognized as one of the leading experts in Sweden within dispute resolution by international directories such as Chambers Global/Europe, The Legal 500, Who’s Who Legal and Benchmark Litigation. In addition, Johan is the exclusive winner of the Benchmark Litigation Europe Award 2021: the Dispute Resolution Lawyer of the Year for Sweden.

This is what clients say about Johan:

“He is really efficient and responsive and always there to respond to our questions. He has excellent knowledge and expertise.”
– Chambers Global 2023, Dispute Resolution

“He is an expert in Sweden and gives on-point advice and is helpful and cooperative.”
– Chambers Global 2023, Dispute Resolution

“Johan is very responsive and user-friendly.”
– The Legal 500 2023, Dispute Resolution

“Head of the practice, Johan Sidklev is an outstanding international arbitration practitioner; he is a strategic thinker, brilliant lawyer and a pleasure to work with.”
– The Legal 500 2023, Dispute Resolution

“Johan excels in the market thanks to his work on international dispute resolution, corporate compliance and investigations.”
– Who’s Who Legal 2023, Arbitration

“Well-connected and experienced lawyer.”
– Chambers Global 2022, Dispute Resolution

“Johan leads a high quality team, capable of dealing with the most substantial arbitration matters. Johan is a stand-out international arbitration practitioner.”
– The Legal 500 2022, Dispute Resolution

“Johan Sidklev is strategic, has good judgement and is intellectually capable of handling the most important and difficult disputes.”
– The Legal 500 2022, Dispute Resolution

“Johan is an outstanding lawyer with vast knowledge and experience to benefit his clients. He can guide your legal case with exceptional knowledge and attention to every detail.”
– The Legal 500 2022, Dispute Resolution

Work highlights

Johan Sidklev’s experience includes advising:

  • The Kingdom of Sweden in a USD multibillion claim brought against the state based on the Energy Charter Treaty by an international mining corporation relating to Sweden’s 2018 prohibition on extraction of uranium;
  • A world leading natural gas provider in several USD multibillion disputes concerning the storage, delivery and transit of natural gas through Eastern Europe;
  • A company in a multi-million dollar BIT claim under the SCC rules against a European state. Previously represented the same company in a BIT claim against a different European state;
  • A major US energy company in several gas price review arbitrations against a European buyer;
  • A world-leading shipyard against a USD billion claim brought by a ship owning company in an SCC arbitration relating to delay and cancellation of multiple construction contracts;
  • A Nordic off-shore equipment provider in a construction dispute with a multinational oil producer in an ICC arbitration concerning delay and liquidated damages;
  • A North American nuclear power provider against a Russian nuclear fuel producer in an USD multibillion SCC arbitration concerning off-spec delivery of nuclear fuel;
  • A Baltic sovereign state in an investment arbitration under the Energy Charter Treaty concerning the construction of a hydro-electric power plant;
  • A British investor in the energy sector in a dispute under the Energy Charter Treaty against a sovereign state regarding payment failure for delivered gas condensate;
  • Acted as a chairperson in an investment arbitration under the Energy Charter Treaty between a European investor and a south European state as the respondent.
Career

Roschier, Partner and Head of Disputes Sweden (2014-), Chair of the Board (2022-)
Setterwalls, Partner (2011-2014)
Holland & Knight LLP /New York, Associate (2005)
Setterwalls, Associate (2002-2010)
Stockholm District Court, Law Clerk (2001-2002)

Memberships

Member of the ICSID Panel of Arbitrators (2020-2026)
President of the Swedish Arbitration Association (2017-)
Member of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce (2019-)
Member of the Swedish Bar Association
Member of the International Bar Association
Member of the SCC Rules Revision Committee 2015-2017
Member of the Executive Committee for ICCA Stockholm 2020
Member of the board of the SCC Young Arbitrators Sweden (YAS) (2012-2016)
Member of the Legal Advisory Task Force on Investment Protection at the Energy Charter Secretariat
Member of the International Council for Commercial Arbitration (ICCA)
Member of the Executive Committee of the Russian and CIS Arbitration Network (2011-)
SCC/SAA Arbitrator Training Program, Headmaster (2013-2015)

Publications

“Security for Costs in the SCC Rules”, Liber Amicorum for Patricia Shaughnessy: Finances in International Arbitration, Kluwer Law International B.V., 2020

“UNCITRAL Working Group III: Security for Costs – An Inefficient Mechanism to Avert Frivolous Claims in ISDS”, Kluwer Arbitration Blog, 03/2020

“Swedish Chapter”, (co-author with Carl Persson), The Third-Party Litigation Funding Law Review, 3rd Edition, 12/2019

“Security for Costs in the SCC Rules”, Finances in International Arbitration, 2019

“Swedish Chapter”, The Third-Party Litigation Funding Law Review, 1st Edition, 12/2017

“SCC Chapter”, Arbitration World, 5th edition 2015

“Damages Actions – An EU law expansion in the area of civil procedure”, Europarättslig Tidskrift, 1/2015

“Skadeståndsdirektivet – en EU-rättslig expansion på civilrättens område” (“The Directive on Antitrust Damages Actions – An EU law expansion in the area of civil procedure”), with C. Wik, A. Börjesson and V. Schröder, Europarättslig Tidskrift, 1/2015

”Swedish Chapter” and “SCC Chapter”, Arbitration World, 4th edition 2012

“Remedies for International Sellers of Goods”, Center for International Legal Studies, 2011

Recent speaking engagements

Closing Remarks, “The past and Future of East-West Arbitration”, Swedish Law Day, Moscow, December 2019

Speaker, “Disputes Management by States: The ECT’s Model Instrument in Practice”, at the Energy Charter Treaty Forum 2019, Singapore, November 2019

Speaker, “Third Party Funding in Sweden”, SAA/SWAN seminar, Stockholm, October 2019

Key Note Address, “The Nordic Perspective on Brexit-effects on UK Arbitration/ Litigation”, London Arbitration Supper Club, London, April 2019

Speaker, “Intervention by Third Parties in Investment Arbitration Proceedings and its Effect on Procedural Efficiency”, BCDR-AAA/SCC Joint Conference, Bahrain, November 2018

Speaker, “Minority Shareholder’s Rights”, ICAL Conference, Stockholm, November 2018

Opening address, “Advocacy in International Arbitration”, Swedish Arbitration Days, Stockholm, May 2018

Speaker, “Administration of Investment Claims in Sweden and China”, SCC/CIETAC Seminar, Shenzhen April 2018

Moderator, YAS Arbitration Day, a panel discussion with leading arbitrators on procedural strategies at the hearing, Stockholm, October 2015

Speaker, “Enforcement of investment arbitration awards”, American Bar Association Conference, Moscow, September 2015

Speaker, “Arbitration in the Nordics” – a cross-border seminar on different trends in Nordic arbitration, Oslo, February 2015

Moderator, ”Interim Measures and Injunctions in International Disputes”, panel discussion arranged by Russian Arbitration Association, the Arbitration Institute of the Stockholm Chamber of Commerce and the Swedish Arbitration Association, Stockholm, November 2014

Moderator, ”Arbitration in Stockholm with Foreign Parties – Experiences and Tips”, YAS Arbitration Day, Stockholm, October 2014

Speaker, “Arbitration in Shipping & Offshore”, 26th Nordic Maritime Law Seminar arranged by the Scandinavian Institute for Maritime Law, Stockholm, August 2014

Speaker, “Experts in International Arbitration”, Swedish Arbitration Days arranged by the Swedish Arbitration Association, Stockholm, September 2014

Speaker, “The Role of Law in International Arbitration”, conference organized by Stockholm University, May 2014

Speaker, “Arbitrating with States or State-Parties – Does Sovereign Immunity Extend to Interim Measures of Protection?”, a conference on Mastering Challenges in International Arbitration organized by ICAL Alumni Association, UNCITRAL, SCC, SAA and Stockholm University, Stockholm, May 2013

Speaker, “Public Policy in International Arbitration”, a conference organized by the International Chamber of Commerce, Vilnius March 2013

Speaker, “Main Hearings in International Arbitrations – the Taking of Evidence and Closing Arguments”, Advokatdagarna organized by the Swedish Bar Association, Stockholm, October 2013

Speaker, “Unfair Competition Between Judicial Systems”, American Bar Association’s Moscow Dispute Resolution Conference, Moscow, September 2013

Speaker, “Key Issues in Euro-Arab Investor State Disputes – the Law Applicable to the Merits”, conference organized by the League of Arab States, CRICA and SCC, Cairo, October 2012

Speaker, “What Legal and Other Sources are Applied in Arbitration in Sweden?”, a seminar organized by the Swedish Arbitration Association, Stockholm, November 2011

Education

SAA Training Programme for Arbitrators (2010-2011)
Fordham Law School, New York (2005)
Uppsala University, LL.M. (1999)

Languages

English, German, Swedish

An outstanding international arbitration practitioner; he is a strategic thinker, brilliant lawyer and a pleasure to work with.

The Legal 500