Nathaniel is a Director in the commercial litigation department and has experience in all areas of commercial cross-border litigation, arbitrations and mediations with particular emphasis on contractual disputes, contentious trusts, insurance and reinsurance, financial services and banking, investment funds, distressed-debt collection, commercial fraud, money laundering, insolvency, conflicts of laws, telecommunications, professional negligence, defamation, intellectual property, employment and construction disputes.
Publications and Presentations
- ‘International Commercial Litigation and Arbitration in Bermuda’, In Brief, 2004.
- ‘Reinsurance Arbitration’, 2004, The Review – Worldwide Reinsurance.
- Researcher and editor of “The Law of Reinsurance in England and Bermuda”, P.T. O’Neill and Jan W. Woloniecki (2nd Edition.) (Sweet & Maxwell, 2004)
- “Ready or Not”- Bermuda Re: June 2006.
- Co-author of Bermuda Chapter of “PLC Cross Border Handbook, Dispute Resolution: The Law and Leading Lawyers Worldwide”: 2007 – 2009.
- James Ting v. Nicolas Hill et al  Bda LR 7.
[Application for injunction restraining defendant from pursuing any other claims against plaintiff – Construction of settlement agreement – Definition of “claim” – Costs]
- New Skies Satellite BV v. FG Hemisphere Associates LLC et al  Bda LR 59.
[Enforcement of judgment – Competing claims – Priority – Sovereign immunity – Service out of the jurisdiction – Arbitration award]
- ABC Insurance Company v. XYZ Insurance Company et al  Bda LR 8.
[Injunction seeking to restrain disclosure of material relating to previous arbitration – Whether duty of confidentiality exists in relation to arbitration proceedings – Collateral estoppel – Whether various reinsureds could have a joint interest or composite interest – Privity of interest]
- OAO “CT-Mobile” v. IPOC International Growth Fund Limited  Bda LR 53.
[Mandatory injunction – Enforcement of arbitration agreement – Money laundering – Russian proceedings – Cross-undertaking in damages]
- Universal Reinsurance Co. Ltd. v. Holden & Co. et al  Bda LR 26.
[Insurance dispute – Leave to serve out of the jurisdiction – Forum non conveniens – Breach of contract rather than tort]
- Hill v. Kessler  Bda LR 46
[Validity of exercise of option to purchase property – Assignment of option – Whether lease and option illegal]
- Re IPOC International Growth Fund Limited et al  Bda LR 74.
[Money laundering – Validation of Settlement Agreement – Immorality of specific clause in the settlement agreement – Public policy – Application to appoint provisional liquidator]
- Shanahan and Antares LLC v. Maurice Vallat et al  Bda LR 29.
[Letter of Request – Application to set aside – Laches – Counter application to strike-out – Locus standi – Abuse of process]
- Fidelity Advisor Series et al v. APP China Group Limited  Bda LR 35.
[Setting aside scheme of arrangement procured by fraud – Admissibility of telephone call records – Estoppel – Tort of deceit]
- First Atlantic Commerce Ltd v. Bank of Bda  Bda LR 70;  Bda LR 36.
[Application for costs – Action agreed by both sides no longer to be tried – Discontinuance – Indemnity costs]
- Bermuda Restaurants Limited v. Daspin & Convergex  Bda LR 7.
[Defamation – Libel by email – Preliminary issue – Vicarious liability – Scope of employment – Publication]
- Kingate Global Fund Ltd v. Bank of Bermuda et al  Bda LR 44.
[Failed subscribers in Madoff Feeder Fund – Freezing Injunction – Special Purpose Trust – Tracing]
- Kingate Global Fund Ltd. v. Knightsbridge (USD) Fund Limited  Bda LR 48.
[Stay of execution pending appeal – No special circumstances]
- Kingate Global Fund Ltd. v. Knightsbridge (USD) Fund Limited  Bda LR 59.
[Appeal – Whether moneys transferred for failed purpose are held on trust for subscribers – Liquidation]
- Shawn Knight v. Dwight Warren et al  SC (Bda) 20 Civ
[Construction dispute – Contract (oral and written) – Breach of Contract – Payment into Court – Costs]