My practice focuses on commercial arbitration and litigation, in which I have more than 20 years’ experience.
Much of my work has been international, in court and arbitration, acting both as advocate and arbitrator. Many cases concern international trade, construction (sea and land), energy, often with an East-West angle, IT and insurance. I have also been involved in several significant cases concerning the set-aside or annulment of arbitral awards and enforcement proceedings in Sweden.
I view disputes as business problems with legal aspects; if the commercial aspects can be resolved, the legal issues tend to follow. I enjoy finding time and cost-effective ways to resolve disputes and thinking laterally to overcome issues. I want my clients to obtain the optimum outcome achievable considering all the variables which come into play. Often, that requires the balancing of complex considerations such as relationships, costs, opportunities, time and energy, and detailed knowledge of the procedural framework. I regularly write and lecture on arbitration and litigation-related topics and have co-authored the book Arbitration in Sweden (2011).
Prior to founding Westerberg, I was a partner at Lindahl law firm and for many years vice- chair of the firm’s dispute resolution practice group. Before joining Lindahl, I worked in the Stockholm District Court and Svea Court of Appeal, in the commercial disputes and IP departments. I have also worked at a major Swedish insurance company.
I am a member of the Swedish Bar Association (member of the Council and lecturer on ethics) and the International Bar Association, Swedish Arbitration Association (board member), Stockholm Center for Commercial Law at Stockholm University/research center for arbitration and other dispute resolution – SCCL (board member), Swedish Association for Construction and Consulting Law – SVEFEK, and several other domestic and international associations predominantly in the arbitration and litigation area. I am also active as a member of the ICC reference group in Sweden and in several arbitration and litigation networks in Stockholm.
Besides Swedish I am fluent in English and have a basic knowledge of German.
Recent recognition includes:
I am proud to be recognized by the leading institutes’ rankings of Swedish dispute resolution lawyers. I am listed among the leading Swedish dispute resolution lawyers by Who’s Who Legal and Chambers & Partners, Global and European Guides. In such listings, interviewees have commented on my strong “attention to detail” and “good judgement in procedural issues”, also commenting “She is a very safe pair of hands”, “She is really smart and articulates concepts clearly and succinctly” and “Therese is a great team leader and manages the workstreams of extremely complex cases with great aplomb.” In their national guide Arbitration 2022, the Global Arbitration Review and Who’s Who Legal quoted market commentators to have pointed me out as “an excellent lawyer who is great with clients”.
Notable representations include acting for:
• Moldovan investors in set-aside proceedings and enforcement proceedings of the arbitral award worth USD 500 million against the Republic of Kazakhstan;
• Russian regions in arbitration proceedings against a French multinational oil and gas company under the UNCITRAL rules in Stockholm as well as in associated court proceedings in Sweden;
• Republic of Turkey in set-aside proceedings before the Svea Court of Appeal concerning an arbitral award based on the Energy Charter Treaty under the SCC Arbitration Rules;
• Russian party in an arbitration against a multinational oil and gas corporation under the UNCITRAL rules in Stockholm and in related court proceedings in Sweden;
• Saudi IT company in SCC arbitration against a Swedish company concerning a licence agreement and related contracts;
• Chinese state-owned corporation in set-aside proceedings before the Svea Court of Appeal concerning an arbitral award under the SCC arbitration rules;
• Nordic distributor in SCC arbitration regarding damages for breach of contract and competition law;
• Swedish shipping company in SCC arbitration against a shipyard concerning claims in respect of three new buildings (container vessels);
• IT provider in an ad-hoc arbitration concerning infringement of licensing rights, copyright and trade secrets.
Selected speaking engagements and publications
• Lecture on ICAL Master program in international arbitration at Stockholm University, on court assistance in arbitration proceedings (2018);
• Speaker at Young Arbitrators Sweden (YAS)conference in Stockholm (as former chair of YAS, 2018);
• Speaker at conference in Stockholm on protecting your data, disputes (2018);
• Speaker at ICC conference in Paris on expedited arbitrations (2017);
• Lectures on written evidence and examination of witnesses, Swedish Bar Association (2016 -); • Lectures on interim measures, Swedish Bar Association (2017-);
• Panel discussion on conflicts of interest in international arbitration, YAS (2017);
• Panel discussion on witness examination techniques, Sweden Women in Arbitration Network – SWAN (2017);
• Seminar reflections from arbitrators, Young Arbitrators Sweden,YAS (2016);
• Lecture on litigation costs in commercial disputes, Advokatdagarna, Swedish Bar Association (2014);
• Lexology Navigator: Litigation: Enforcement of Foreign Judgments, Sweden, 2017;
• IBA Handbook on Confidentiality and Privilege, Swedish chapter, 2014;
Arbitration in Sweden, Jure 2011 (co-author).