FOCUS – December 2022

Welcome to our last edition of Focus for the year.

It goes without saying that although this year has been challenging, dominated by domestic and international crises, 2023 is looking more positive, particularly in the markets we focus on.  

We are seeing commitments for significant investment in emerging markets, particularly in renewables, and an intensified global desire to improve infrastructure around the world.  This is manifesting itself in increased funding, increased participation across the infrastructure chain and a continued movement towards innovation, as we see new technologies being applied to these markets, from hydrogen to pioneering solar solutions.

Following the conclusion of the 27th Conference of the Parties to the United Nations Framework Convention on Climate Change (COP27), we have been engaging in some lively discussions among colleagues and clients in relation to the challenges and opportunities we see ahead, particularly in emerging markets.  On the whole, the developments are being viewed very positively and there is a real opportunity for the private sector to act as pathfinders by designing novel and entrepreneurial solutions for climate finance.

Closer to home, Trinity continues to grow, including through the recent launch of our disputes and international arbitration practice.  Poupak Anjomshoaa (previously a partner at Baker Botts and before that Norton Rose Fulbright) heads up the practice and is based in London whilst Natasha Peter (ex-Gide Loyrette Nouel), dual-qualified in England and France, will be based in Paris and focus on the Francophone markets.  The disputes team also comprises three junior lawyers who are fully bilingual in English and French as well as partners Stéphane Brabant and Lucien Bou Chaaya who have been active in ESG and crisis management for many years and have extensive experience in both commercial and investor-state disputes.  The practice has been set up to address a growing demand from the firm’s clients to handle their disputes arising from projects and transactions in the regions in which they operate, in view of the firm’s renowned knowledge of operating in those markets.

We are also pleased to welcome Magnus Rodrigues and Demilade Banjoko to the team in London.  With Magnus’ M&A and project finance experience in the energy and infrastructure sectors, particularly in Asia and the Middle East, he joins to strengthen the growing corporate and finance teams.  Magnus’ most recent areas of focus have been on power and water/other infrastructure. Demi joins us from Herbert Smith Freehills and is a finance lawyer dual-qualified in English and Nigerian law.

Our Paris office is delighted to announce that Anne-Gaëlle Cottenceau joins the team as an associate.  Anne-Gaëlle trained and worked at Norton Rose Fulbright in Paris prior to joining us. Anne-Gaëlle’s area of focus is natural resources.

Thank you for all your support in 2022.  We hope you have a safe New Year and look forward to seeing you in 2023!

The Trinity Team

The rise of climate change litigation

In this article, we take a closer look at recent cases of litigation brought against public authorities for failure to take climate actions and their impact in shaping climate policy. Against this backdrop, this month the UK Court of Appeal will examine the legality of the UK government’s decision to fund a Mozambique liquified natural gas (LNG) project through UK Export Finance (UKEF). Read More

Beware – when force majeure meets reasonable endeavours 

The dangers of invoking force majeure when your force majeure clause contains a ‘reasonable endeavours’ provision – case comment on MUR Shipping v RTI Ltd [2022] EWCA 1406. Read More

Corporate Bulletin – Corporate governance and sole directors  

Corporate governance and the authority of directors are often key areas of focus when drafting and/or negotiating articles of association, shareholders’ agreements and other corporate documents; which we do on a daily basis at Trinity. It is for this reason that a recent High Court case in the UK (in relation to a sole director and model articles) piqued the interest of Adekanmi Lawson in our Corporate team. Read More

NEWS

Trinity International launches International Arbitration practice with the arrival of international arbitration partners Poupak Anjomshoaa and Natasha Peter.  Read More