Kaj Hobér

Born: 2 August 1952, Ramnäs, Sweden
Nationality: Swedish
Languages: Swedish (native), English (fluent), Russian (fluent), German (fluent), French (reading and conversation), Norwegian (reading and conversation), Danish (reading and conversation), Ukrainian (reading), Spanish (reading).

Education and Degrees
Bachelor of Arts (fil.kand.) University of Uppsala 1974 (modern languages: Russian, German, French and English).
Master of laws (jur.kand.) University of Uppsala 1977.
Master of Comparative Law (M.C.L.) University of Illinois College of Law, 1978.
Doctor of laws (jur.dr.) University of Uppsala 2001.

Various positions
Research assistant at the University of Uppsala, Department of Law, spring 1977.
Law clerk at the District Court of Uppsala, Uppsala, 1978-1980.
Junior judge at the Svea Court of Appeal in Stockholm, 1980-1982.
Lecturer in Soviet and East European Law as well as International Arbitration Law at the University of Uppsala, since 1980.
Professor of East European Commercial Law, Uppsala University 9 June 1997- 30 June 2009.
Commissioner at the United Nations Compensation Commission in Geneva, 1998-2003.
Arbitrator at the Appeals Tribunal of the International Commission on Holocaust Era Insurance Claims, 2001-2006.
Arbitrator at the Court of Arbitration for Sport in Lausanne, 2002-2008.
Arbitrator at the ad hoc Division of the Court of Arbitration for Sport during the Torino Olympic Games of 2006.
Professor of International Law, Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) at the University of Dundee 2010.
Professor of International Investment and Trade Law at Uppsala University, from 1 May 2012.

Law Practice
Associate, Wetter & Wetter, Stockholm, 1982-1983.
Associate, White & Case, Stockholm as from 1 October 1983.
Partner, White & Case, Stockholm, as from 1 June 1989.
Partner Mannheimer Swartling, Stockholm, as from 17 January 1994.

Nature of practice
I have been counselling Swedish and foreign corporations and governmental agencies in general commercial and corporate law matters throughout my professional career, with an emphasis on international arbitration.

In addition, I have been deeply involved in the legal aspects of East-West trade for more than thirty years, advising clients from both sides in a variety of transactions including inter alia, joint ventures, industrial cooperation agreements, turn-key contracts for various types of plants, construction and civil engineering contracts, licensing and other transfer of technology agreements, countertrade transactions, privatization transactions, oil and gas projects, different capital markets transactions, trading in Russian securities, loan transactions and mergers and acquisitions.

During the early 1990’s I was deeply involved in privatization matters in Eastern Europe, primarily in the Russian Federation and the Baltic States. In the Russian Federation I worked as legal advisor to the equivalent of the privatization ministry drafting legislations and regulations for the privatization of state-owned enterprises, including the oil and gas sector.

I represent both Western, Central East European and Russian parties in international arbitrations taking place in Stockholm, Moscow, London, Paris, Vienna, Washington D.C. and elsewhere. I have been involved in a large number of oil arbitrations, relating primarily to Northern Africa, the Middle East, China and the former Soviet Union. All in all, I have acted as arbitrator (including chairmanships) in more than 200 international arbitrations (including chairmanships) and as counsel in approximately 200 international arbitrations.

I have been involved in several dozens of international construction disputes as counsel as well as arbitrator during the last 25 years. Many of the construction disputes have concerned projects in the former Soviet Union and the Eastern Europe. My experience also includes construction disputes in Western Europe, the Middle East, Africa and Asia.

I have been involved in several dozens of investment arbitrations as counsel and arbitrator. Currently I am involved in several arbitrations against the Russian Federation as well as other states under the Energy Charter Treaty and other investment disputes under bilateral investment treaties. My experience from investment arbitrations includes parties from Europe, the USA, Latin America, Africa and Asia.

My investment arbitration experience includes, for example, the following cases, in which I have been involved:

Before the US-Iran Claims Tribunal in the Hague, I have acted for several US oil companies, including Mobil, Exxon, Conoco, Phillips and Sun, in their expropriation claims against Iran. I also represented BP in a related claim against Iran. All the oil companies had long term concession agreements, which were terminated by Iran. All these cases were eventually settled.

I was involved as counsel in the nullification proceedings in two well-known ICSID cases, viz., Klöckner v. Camerun and Amco v. Indonesia and in the subsequent new arbitrations. I acted for Klöckner and Indonesia, respectively.

Moreover, I have been involved in several investment – and investment type – arbitrations concerning states in Eastern Europe, including the former Soviet Union. For example, I have acted as counsel both for and against the Republic of Kazakhstan in three arbitrations based on bilateral investment treaties and/or customary international law. I represented Mr. Sedelmayer in the first investment arbitration against the Russian Federation. In the first Energy Charter arbitration leading to an award, I represented the claimant – Nykomb AB – against the Republic of Latvia. I have also been co-counsel of the private investor in an ICSID arbitration involving one of the Baltic states, and represented two U.S. investors in two arbitrations against the Estonian Republic concerning privatization matters. I am currently representing private investors in several investment arbitrations against the Republic of Ukraine under the Energy Charter Treaty.

In the wake of the financial crisis in Russia in 1998, I was involved in two investment arbitrations against the Russian Federation. The disputes were, however, settled at an early stage.

I have also acted as arbitrator – party-appointed, as well as chairman – in several investment arbitrations involving e.g. Azerbaidian, Georgia, Latvia, Kirgizistan, Ukraine, Moldava, Vietnam, Kazakhstan and Croatia.

I was the resident managing partner of Mannheimer Swartling’s office in Moscow between 1997 and 2000.

Appointments
Member, Advisory Board of The Parker School Journal of Soviet and East European Law.
Member, Advisory Board of Russian and CIS Business Law Report.
Member, Advisory Board of East West Executive Guide.
Member (Deputy Chairman), Board of the Arbitration Institute of the Stockholm Chamber of Commerce (1992-2009).
Member, Board of the Swedish Branch of International Law Association.
Member, Government Committee which prepared the new draft Swedish Arbitration Act (1992-1994).
Member of the LCIA Court of Arbitration.
Member (corresponding), the ICC Institute of Business and Law.
Member, Academic Council of Riga Graduate School of Law.
Member (Deputy Chairman), Board of the Swedish-Russian Chamber of Commerce.
Editor-in-chief, Survey of East European Law.
Editor, The Uppsala Yearbook of East European Law.
Member, Board of SILD (Swedish Institute for Legal Development).
Past Chairman, The Swedish Fulbright Alumni Association
Past Chairman, IBA Committee on Investment Treaty Arbitration
Member of the Club of Arbitrators , Chamber of Arbitration of Milan (Camera Arbitrale Nazionale e Internazionale di Milano)
Member of the Association’s Boards of Directors, American Arbitration Association
Member of the AIPN (Association of International Petroleum Negotiators) Educational Advisory Board
Member of the Advisory Committee for the Journal of Arbitration and Mediation (Sherbrooke University, Faculty of Law, Schulich School of Law at Dalhousie University in collaboration with Canadian Arbitration Congress)
Listed as arbitrator on the panels of:
the Austrian Federal Chamber of Commerce, Vienna,
the Chamber of Commerce and Industry of the Russian Federation, Moscow,
the Chamber of Commerce of St. Petersburg, St. Petersburg,
the Ukrainian Chamber of Commerce, Kiev,
the American Arbitration Association and
the ICSID Arbitration Center, Washington D.C.
the International Arbitration Court, Almaty,
the Chamber of Commerce & Industry of The Kyrgyz Republic, Bishkek
the China International Economic and Trade Arbitration Commission, Beijing
the Hong Kong International Arbitration Center
the Recommended Arbitrators of the Court of Arbitration at the Polish Chamber of Commerce
the Panel of Arbitrators Kuala Lumpur (KLRCA)
2001 edition of International WHO’S WHO of Professionals.

Membership in professional organizations
The Swedish Bar Association (Sveriges Advokatsamfund).
The American Bar Association (Foreign Member).
The American Society of International Law.
The British Institute of International and Comparative Law.
The Nordic Association for Intellectual Property Law (Nordisk Förening för Industriellt Rättsskydd).
International Law Association (Swedish branch).
International Arbitration Club, London.
The Swedish Society for Comparative Legal Research (Svenska Samfundet för jämförande rättsforskning).
The American Club of Sweden.
The Association of International Petroleum Negotiators (AIPN).
The Board of Directors of the American Arbitration Association