THE COSTS OF LITIGATION

Parties have to bear their own attorney costs

Under the laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba, generally speaking, each party has to bear its own attorney costs, except if there is an agreement in place between the parties providing for such compensation. Other costs related to proceedings are for instance bailiff costs and court fees.

The extent to which the aforementioned costs of litigation are to be borne by the party losing the case are determined by the court. The costs will in fact not compensate the actual costs and attorneys fees incurred. They are based on standard fees for certain standard activities and on the amount of the claim. In most cases it is not possible to recover the actual costs of litigation from the unsuccessful party.

Under the laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba, if proceedings on the merits are initiated by a non-resident plaintiff, the defendant may ask the court to order that the plaintiff provide security for damages, costs and interest which it might be liable to pay as a result of the judgment in aforementioned proceedings. This ‘cautio judicatum solvi‘ does not apply if there is a Convention (Treaty) on legal proceedings between the Dutch Kingdom and the plaintiff’s country.

Karel Frielink
Attorney (Lawyer) / Partner

(12 August 2013)
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