Focus Newsletter

Focus is a regular newsletter produced by Trinity which we hope our clients and contacts will find useful and of interest. It features news items and articles relevant to the firm’s areas of practice as well as ‘Legalese’, a column which attempts to explain legal jargon and concepts in a user-friendly way. If you have any comments in relation to Focus or suggestions for features, please feel free to contact us.

Focus – May 2018 Welcome back! There’s plenty to update you on in this edition of Focus –  a corporate update, new joiners, new deals in the Seychelles and closed REIPPP deals in South Africa as well as in Zambia and Mozambique and of course, GDPR – we would like to stay connected with you! The Africa Energy Forum is once again ...

The FIDIC Silver Book – Impact for Project Financed EPC contracts – summary In December 2017, the Fédération Internationale Des Ingénieurs-Conseils (the International Federation of Consulting Engineers) (“FIDIC”) published updated editions of its Conditions of Contract for Construction (the “Red Book”), Conditions of Contract for Plant and Design-Build (the “Yellow Book”) and Conditions of Contract for EPC/Turnkey Projects (the “Silver Book”). These editions were published further to the ...

The FIDIC Silver Book – Impact for Project Financed EPC contracts – a detailed analysis   Background In recent years the FIDIC Silver Book has become the de facto starting position for EPC contracts in project financed transactions in Sub-Saharan Africa and other emerging markets.  For the purposes of this article, our comments relate to the use of the Silver Book in that context, rather than applying more generally to all uses ...

Corporate Update In line with the increase in investment and M&A activity in Africa in the last 6-12 months, particular in the power sector, our corporate team has been busy on a number of transactions.  Paul Biggs and Conrad Marais have been advising AquaVenture Holdings Limited (NYSE: WAAS) in relation to its acquisition of a majority interest ...

GDPR and Updated Privacy Policy You are currently a contact in our marketing database and we occasionally send you our Focus newsletter, like this one.  We also like to send you occasional invitations to events or seminars. As you may be aware, due to changes to data protection regulations (in the UK and in the wider EU) mean that you now ...

Seychelles floating solar Trinity is advising the government of the Republic of Seychelles in relation to the tender of the first utility-scale floating solar PV project in Africa at the Lagoon le Rocher in the Seychelles. The tender is implemented by the Seychelles Energy Commission, with the Public Utility Corporation as the eventual off-taker of the energy produced. The ...

New joiners We are excited to let you know that we will soon be joined by two new team members. Kanmi Lawson joins the corporate team in London from Herbert Smith Freehills (Paris) as a Senior Associate. He has a wide range of experience as a corporate and commercial lawyer on single and multi-jurisdictional acquisitions and disposals (including comprehensive buyer/seller due ...

Trinity advises on REIPPP Trinity advised the Standard Bank of South Africa and other lenders in three solar PV projects (totalling 258MW of capacity) that reached financial close under Round 4 of the South African Government Department of Energy’s Renewable Energy IPP Procurement Programme (“REIPPP”). The Norweigan consortium, Scatec Solar, was awarded preferred bidder status for three projects in Upington ...

Focus – July 2017 We have had a busy few months at Trinity. We welcomed 250 guests at Tivoli Gardens in Copenhagen for our annual party, held to coincide with the Africa Energy Forum.  The annual Trinity party has become a great opportunity for senior members of developer, lender and government teams to discuss the development of the power sector ...

Brexit – are there any opportunities for Africa? Just over a year has passed since the announcement of the UK’s vote to leave the European Union and much uncertainty remains.  The UK has now triggered Article 50 of the Lisbon Treaty, activating a two-year negotiation period with the EU, meaning that the UK’s formal exit will not occur until 29 March 2019.  This ...

New Law on Public-Private Partnerships in Guinea-Conakry On 4 July 2017, the Guinean parliament unanimously adopted a law on public-private partnerships (“PPPs”). Trinity Paris advised on the drafting of this law in partnership with Finance Consult, Bruno de Cazalet and Barthélémy Littot. To date, Guinea-Conakry had a Code on Public Procurement and Outsourcing of Public Utilities (Code des Marchés Publics et des Délégations ...

Nouvelle Loi sur les Partenariats Public-Privé en Guinée-Conakry Le 4 juillet 2017, le Parlement guinéen a adopté à l’unanimité la loi sur les partenariats public-privé (« PPP »). Trinity Paris a participé à la rédaction de cette loi en partenariat avec Finance Consult, Bruno de Cazalet et Barthélémy Littot. Jusqu’à présent la Guinée-Conakry disposait d’un Code des Marchés Publics et des Délégations de Services Publics ...

Best Endeavours, Reasonable Endeavours and all Reasonable Endeavours Introduction Commercial agreements often contain “endeavours” clauses, through which a party’s obligations are qualified, therefore making its commitment less than absolute.  These clauses generally require a party to use its “best endeavours”, “reasonable endeavours” or “all reasonable endeavours” to comply with its obligations.  Yet despite the common usage of these expressions, their exact meaning is not ...

Focus Newsletter – May 2017 In this month’s edition, which you can access by clicking here, Pierre Bernheim and Nicolas Boittin from Trinity’s Francophone team look at the increasing number of captive power projects being undertaken, specifically looking to the experience of a handful of West African countries to understand the rules applicable to these projects (including selling power directly to ...

Trinity update – May 2017 In the past six months, we have promoted Harvinder Deol to Counsel and Jo Sykes and Lucy Johnson to Senior Associate.  Lucy joined us in November 2016 from Herbert Smith Freehills.  We were also recently joined by Simon Holloway who has spent the past ten years at Allen & Overy LLP in London, before which ...

Captive Solar Power Plants and Selling Power Directly to Consumers in West Africa West Africa presents obvious opportunities for developers to invest in solar power plants, given the high irradiance levels and limited access to power in that region.  Some West African countries have recently launched international tenders for the development of solar power plants.  In Mali, for example, a tender process for the development of a 50MW solar ...

Subrogation and insurance – latest UK case law The decision of the UK Supreme Court in Gard Marine & Energy v China Chartering, delivered on 10 May 2017, has important ramifications for construction contracts. The decision concerned a shipping case in which a vessel was chartered by the owner (OLH) to a demise charterer (OVH) who in turn chartered the vessel to a ...

Focus – June 2016 Welcome to the June 2016 edition of Focus In this edition, we give an analysis of the recent English law case Globe Motors Inc v TRW Lucas Varity Electric Steering Limited which deals with whether oral agreements can vary written contracts.  In particular, we look at its potential impact for future construction contracts.   In our main ...

GET FiT to power Africa – a Ugandan case study GET FiT Uganda Since early 2013 a team within Trinity International LLP has been engaged by the German development bank, KfW, to act for the Government of Uganda (“GOU”), Uganda Electricity Transmission Company Limited (“UETCL”), the Ugandan Electricity Regulatory Authority (“ERA”) and a donor group led by KfW in relation to the Global Energy Transfer Feed-in-Tariff ...

Case study – trouble in the boilerplates In a recent decision, the Court of Appeal has ruled that contracts may be amended orally, even when their terms require the use of writing – we explore what this means for construction contracts in particular Trouble in the boilerplates? The latter sections of commercial contracts are often described as the “boilerplate clauses”, meaning those provisions that are ...