Nathan Twibill

Professional practice

Nathan has a broad commercial and financial litigation, civil fraud and arbitration practice in line with Chambers’ profile.

Notable cases with which Nathan assisted during pupillage include:

JP Morgan Securities Plc v VTB Bank PJSC [2025] EWHC 1368 (Comm) (appeal outstanding) – Obtaining permanent anti-suit relief in relation to VTB’s pursuit of claims against JPM entities in Russian courts in contravention of LCIA arbitration clauses in an ISDA Master Agreement and related investment services contracts.
Excalibur Almaz Limited v Horie (Isle of Man) – Defending claims of breach of fiduciary duty and deceit in relation to seed funding of $50 million by an individual Japanese investor in an Isle of Man resident space company.
Coupang Corp v DAZN Limited, 19 May 2025, Commercial Court (upheld by the Court of Appeal in DAZN Limited v Coupang Corp [2025] EWCA Civ 1083) – Obtaining a prohibitory injunction preventing breach of an informal contract for the licensing of South Korean broadcasting rights for the FIFA Club World Cup 2025 in an expedited trial in the Commercial Court.
Bilta (UK) Ltd (In Liquidation) v Tradition Financial Services Ltd [2025] 2 WLR 1015; [2025] UKSC 18 – a Supreme Court appeal concerning the ambit of the fraudulent trading provisions in s 213 of the Insolvency Act 1986.
Acting for the founders of an international e-commerce company in preparation of a claim seeking enforcement of a debt restructuring agreement under which the company’s assets were to be divided between the founders and the company’s primary investor.
Acting for a major UK energy company in relation to allegations of breach of written contracts and an alleged oral joint venture agreement with a Swiss entity.

Prior to coming to the Bar, Nathan worked on the Decentralised Autonomous Organisations Scoping Paper at the Law Commission, where he examined the applicability of organisational law to the management of DeFi platforms, and was also involved in the preparation of the Arbitration Act 2025. He previously qualified as a solicitor in Australia and worked at an international law firm in Sydney, at an economic policy think tank, and as a legal magazine opinion columnist.

Nathan holds degrees in law, economics and finance from the universities of Sydney and Oxford. He was a tutor in microeconomics at the University of Sydney and has a particular interest in cases which require the ability both to understand and to explain financial and economic concepts.

Arbitration & related court applications

During pupillage, Nathan assisted with several arbitrations and related court applications, including:

Applications under ss 67-69 of the Arbitration Act 1996 (and related security for costs applications pursuant to s 70).
Defending a challenge to the tribunal’s jurisdiction under s 72 of the Arbitration Act 1996 (with Siddharth Dhar KC).
Comparative research of LCIA, ICC, and SIAC Rules.
Procedural and substantive submissions in arbitrations under a range of institutional rules and in respect of several industries.

During his time at the Law Commission, Nathan was also involved in the preparation of the Arbitration Act 2025, specifically, the implementation of the recommendations in the Commission’s Final Report in the first draft of the Arbitration Bill 2024 by the Office of the Parliamentary Counsel.

He is also familiar with the regime for the enforcement of foreign arbitral awards under both the New York Convention and the Arbitration (International Investment Disputes) Act 1966 as a result of his work marshalling for Lord Justice Fraser in Operafund Eco-Invest SICAV plc v Spain [2024] EWHC 82 (Comm).

Banking & financial services

Nathan has a particular interest in banking and finance litigation, stemming from his interdisciplinary background. Nathan worked on several such matters during pupillage, including:

Preparation of a claim on behalf of the founders of an international e-commerce company seeking enforcement of a debt restructuring agreement with the company’s primary investor, a sovereign wealth fund (with Siddharth Dhar KC).
JP Morgan Securities Plc v VTB Bank PJSC [2025] EWHC 1368 (Comm) (appeal outstanding), acting for JPM entities in a claim seeking anti-suit relief following sanctions-related termination of an ISDA Master Agreement and closure of related investment services, derivatives and precious metals accounts (with Louise Hutton KC and Akash Sonecha).
A fraudulent misrepresentation claim regarding a private placement memorandum for a US$50 million investment in an Isle of Man space company (with Ciaran Keller KC).
Bayerische Landesbank & Anor v Ruschemalliance LLC [2024] EWHC 1822 (Comm), acting for two German banks in relation to anti-suit relief obtained against their Russian counterparty in a €320 million financing dispute (with Siddharth Dhar KC).
An ongoing claim in the Commercial Court seeking ca. €150m in respect of the termination of a VISA card programme to allow cardholders to spend cryptocurrency by converting it into fiat currency at the point of sale (with James Sheehan KC).

Civil fraud & asset recovery

Nathan has considerable interest and experience in civil fraud & asset recovery claims, having started his practice with a three-month secondment to the fraud and commercial disputes team at Peters & Peters. Nathan also worked on several fraud-related matters during pupillage, including:

Excalibur Almaz v Horie, defending claims of breach of fiduciary duty and deceit in relation to seed funding of $50 million by an individual Japanese investor in an Isle of Man resident space company (with Ciaran Keller KC).
Bilta (UK) Ltd (In Liquidation) v Tradition Financial Services Ltd [2025] 2 WLR 1015; [2025] UKSC 18 – a Supreme Court appeal concerning the ambit of the fraudulent trading provisions in s 213 of the Insolvency Act 1986.
An opinion assessing whether evidence was sufficient to support a plea of fraud.
Multiple return date hearings for the preservation of worldwide freezing orders.

Commercial chancery disputes

During pupillage, Nathan assisted with several commercial chancery disputes, including:

Excalibur Almaz v Horie – defending claims of breach of fiduciary duty arising from an alleged quasi-partnership in relation to seed funding of $50 million by an individual Japanese investor in an Isle of Man resident space company (with Ciaran Keller KC).
Bilta (UK) Ltd (In Liquidation) v Tradition Financial Services Ltd [2025] 2 WLR 1015; [2025] UKSC 18 – a Supreme Court appeal concerning the ambit of the fraudulent trading provisions in s 213 of the Insolvency Act 1986 (with David Scorey KC).
A case concerning an attempted enforcement of a foreign judgment in England notwithstanding the opening of insolvency proceedings in the foreign forum, raising issues of English cross-border insolvency law (with James Sheehan KC).

Nathan also has a considerable academic background in the law underpinning commercial chancery disputes, having taken the Advanced Property & Trusts and Corporate Insolvency Law BCL/MLF courses while at Oxford. His work on the Decentralised Autonomous Organisations scoping paper at the Law Commission required comparative analysis of the full range of corporate, partnership and trust-based statutory and common law organisational structures across significant onshore and offshore jurisdictions

Commercial dispute resolution

Commercial litigation and arbitration form the core of Nathan’s practice. Examples of cases with which Nathan assisted during pupillage include:

Coupang Corp v DAZN Limited, 19 May 2025, Commercial Court (upheld by the Court of Appeal in DAZN Limited v Coupang Corp [2025] EWCA Civ 1083) – Obtaining a prohibitory injunction preventing breach of an informal contract for the licensing of South Korean broadcasting rights for the FIFA Club World Cup 2025 in an expedited trial in the Commercial Court (with James Sheehan KC).
Acting for a major UK energy company in relation to allegations of breach of written contracts and an alleged oral joint venture agreement with a Swiss entity (with David Walsh KC).
Acting for the private owner of a former prison site to obtain contractual performance of compensatory payment provisions in relation to a high-profile purchase of the property by the Home Office (with James Sheehan KC).
Preparation of a claim on behalf of the founders of an international e-commerce company seeking enforcement of a debt restructuring agreement with the company’s primary investor, a sovereign wealth fund (with Siddharth Dhar KC)
An ongoing claim in the Commercial Court seeking ca. €150m in respect of the termination of a VISA card programme to allow cardholders to spend cryptocurrency by converting it into fiat currency at the point of sale (with James Sheehan KC).
Several disputes concerning purported assignments of contractual rights and clauses prohibiting assignment.

Nathan’s experience spans the full life of a commercial dispute, including advice on prospects and drafting of pleadings, applications for alternative service, service out, addition and substitution of parties, security for costs, interim payments, summary judgment and strike out, CMCs (including issues of bifurcation and preliminary issues as well as disclosure), core trial and cross-examination preparation, and disputes as to costs, cross-undertakings and settlement agreements.

Conflict of laws & private international law

Nathan worked on several disputes concerning jurisdiction and applicable law during pupillage, including:

Advising on both service out of the jurisdiction and the law applicable to a claim for the tort of inducing breach of contract in a case with substantial Turkish, Emirati, Dutch and English aspects (with Siddharth Dhar KC).
Resisting an attempt to add purported assignees of a Swiss procedural right as claimants despite the substantive English law cause of action remaining with the existing claimant, an insolvent Swiss company (with David Walsh KC).
Advising on the interrelationship of contracts governed by English, BVI and Swiss law with regard to the law applicable to purported assignments and the applicable sanctions regimes (with James Sheehan KC).
A case concerning an attempted enforcement of a foreign judgment in England notwithstanding the opening of insolvency proceedings in the foreign forum, raising issues of English cross-border insolvency law (with James Sheehan KC).
Several cases obtaining and resisting the grant of anti-suit and anti-enforcement relief in support of exclusive jurisdiction clauses and arbitration agreements.

While at the Law Commission, Nathan was also involved in the Commission’s consultations regarding the treatment of digital assets in private international law.

Cryptoassets

Nathan’s interest in crypto and fintech disputes arises from his experience writing the Decentralised Autonomous Organisations Scoping Paper at the Law Commission. His work focused on comparative analysis of the legal treatment of blockchain-based organisations responsible for the operation of DeFi and other platforms across jurisdictions.

During pupillage, Nathan also worked on an ongoing claim in the Commercial Court seeking ca. €150m in respect of the termination of a VISA card programme to allow cardholders to spend cryptocurrency by converting it into fiat currency at the point of sale (with James Sheehan KC).

Energy & natural resources

Nathan has a longstanding interest in the energy and mining sectors, stemming from his work as an economic policy researcher. He examined the economic and technical challenges to overcome in preparing Australia’s national electricity market for a dramatic increase in renewables supply, and policies to facilitate the economic diversification of coal-mining regions.

During pupillage, Nathan was heavily involved in Verum v Petroineos Trading Limited – acting for a major UK energy company in relation to allegations of breach of written contracts and an alleged oral joint venture agreement with a Swiss entity (with David Walsh KC).

Injunctions, interim relief

Nathan worked on several cases concerning injunctions and interim relief during pupillage, including:

Return date hearings for the preservation of worldwide freezing orders.
An inquiry as to damages arising under the cross-undertaking given following the imposition of a wrongly granted freezing order.
Coupang Corp v DAZN Limited, 19 May 2025, Commercial Court (upheld by the Court of Appeal in DAZN Limited v Coupang Corp [2025] EWCA Civ 1083) – Obtaining a prohibitory injunction preventing breach of an informal contract for the licensing of South Korean broadcasting rights for the FIFA Club World Cup 2025 in an expedited trial in the Commercial Court (with James Sheehan KC).
Several disputes obtaining and resisting the grant of anti-suit and anti-enforcement relief in support of exclusive jurisdiction clauses and arbitration agreements, including the unwinding of orders concerning that relief.

Offshore litigation

Nathan worked on several offshore disputes during pupillage, including:

Excalibur Almaz v Horie, defending claims of breach of fiduciary duty and deceit in relation to seed funding of $50 million by an individual Japanese investor in an Isle of Man resident space company (with Ciaran Keller KC).
Majors v KPMG Tax Limited (Court of Appeal of Bermuda) – Responding to an appeal against an order for permanent anti-suit relief enjoining the appellant from bringing a negligent tax advice claim in Tennessee in breach of an arbitration agreement requiring the resolution of disputes through arbitration in Bermuda (with David Scorey KC).
Advising in relation to contractual assignments, questions of restoration to the register and the applicability of the BVI sanctions regime in relation to a BVI company and contracts (with James Sheehan KC).

Nathan’s academic studies touched upon the trusts and related regimes of the Bahamas, Bermuda, the BVI, the Cayman Islands, the Cook Islands, Delaware, Jersey and Singapore. His work on the Decentralised Autonomous Organisations scoping paper at the Law Commission also involved consideration of the approach of offshore jurisdictions to digital assets and blockchain-based organisations.

Public international law

Nathan has a longstanding interest in public international law, including investment treaty disputes and disputes concerning state immunity. He received the prize for first in Public International Law at the University of Sydney and represented the university in the Jessup Moot.

While at the Law Commission, Nathan marshalled for the Chair, Lord Justice Fraser, in Operafund Eco-Invest SICAV plc v Spain [2024] EWHC 82 (Comm), which concerned an application by Spain to set aside registration of an ICSID award on state immunity grounds.

Revenue law (including VAT, IPT, duties & excise)

During pupillage, Nathan assisted in advising an NHS Trust in relation to a dispute with HMRC regarding the VAT implications of a high-profile hospital construction (with David Scorey KC).

Career

2025: Tenant at Essex Court Chambers

2024-25: Pupil at Essex Court Chambers (supervised by David Walsh KC)

2024: Called to the Bar (Lincoln’s Inn)

2024: Admitted as a lawyer of the Supreme Court of New South Wales

2023-24: Research Assistant, Commercial and Common Law Team, Law Commission

2022: Summer Clerk and Senior Paralegal, Allens (Banking and Finance, M&A and Capital Markets)

2021-22: Sessional Academic (Economics Tutor), University of Sydney

2021: Economic policy researcher, Blueprint Institute

Education

2022-23: MLF, Oriel College, University of Oxford

2018-22: LLB, University of Sydney