FINLAND Trends and Developments Contributed by: Marja Norrena, Maija Ahtiainen, Valmari Keskimäki and Krista Hautakoski, Lieke Attorneys Ltd
Lieke Attorneys Ltd Aleksanterinkatu 11 00100 Helsinki Finland Tel: +358 9 6844 410 Fax: +358 9 6844 4141 Email: attorneys@lieke.com Web: www.lieke.com
Many global business trends are evident in Finland, including the ongoing energy transition, the rise of AI and growing awareness of ESG issues. These devel- opments are influencing the Finnish business land- scape and are likely to eventually lead to an increasing number of disputes in these areas, which often involve A major trend in the energy sector is the emergence of new types of projects involving, inter alia, the hydro- gen economy, the circular economy, carbon capture and various types of energy storage systems. These new types of projects have led to co-opera- tion between parties that have not previously worked together, resulting in clashes between different indus- tries, organisational cultures, and various general terms and conditions. Projects are therefore sought to be aligned with different contractual frameworks, such as the Finnish General Conditions for Building Contracts (YSE 1998), FIDIC Contracts, and other international terms and conditions, which differ from each other in their underlying principles. Inevitably, this gives rise to a new set of disputes when famil- iar contractual practices are applied to new circum- stances. There are also many new market entrants, not all of whom have experience of such projects. novel and complex issues. Trends in the Energy Sector Consequently, as parties are unable to act in their previously established manner, and as services are provided by entities that do not all have a clear under- standing of the scope of their responsibilities, new issues arise regarding the allocation of tasks and
responsibilities between the parties. These aspects further emphasise the importance of project risk man- agement and contract negotiation. The energy sector is also facing unprecedented situ- ations involving new and evolving methods and tech- nologies, which are giving rise to new types of claims, such as those relating to patents. Another significant challenge that the energy sector has faced in recent years is the unstable geopolitical situation. Supply chains have generally become less reliable, which has had a profound effect on some market players. Data, Technology and AI A major trend in the Finnish business market has been the widespread adoption of AI tools. Artificial intel- ligence has also been integrated into the daily work of lawyers, with an increasing number of platforms designed specifically for legal professionals becoming available. For example, AI can assist dispute reso- lution lawyers by helping them locate relevant infor- mation within extensive sets of exhibits or by stress testing legal arguments when drafting submissions. However, beyond reshaping the way lawyers and businesses work, AI is likely to lead to a new wave of AI-related disputes. For example, complex issues concerning intellectual property rights may arise and can become highly con- tentious due to legal uncertainties in novel contexts. Another potential area of disputes is the new EU Arti- ficial Intelligence Act, which sets out rules establishing obligations for providers and users of AI platforms. While the AI Act does not constitute a mechanism for civil lawsuits, we nevertheless anticipate that some degree of liability-related civil litigation will arise.
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