Category: Focus

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… Read more »

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… Read more »

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… Read more »

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[1]… Read more »

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… Read more »

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… Read more »

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… Read more »

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… Read more »

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… Read more »

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… Read more »