Full review of the case

Appellate proceedings in Curaçao provide for a full review of the appealed decision: the grounds on which the Joint Court of Appeal can reverse the original judgment are not, as in certain other jurisdictions, limited to procedural matters. It is furthermore permissible to introduce new documentary evidence in the course of appellate proceedings. If the appealed judgment contains a final decision as regards the dispute the Joint Court of Appeal will either confirm the judgment or it will itself render a replacing decision: the case will not be referred back to the Court of First Instance.

Furthermore, the examination of witnesses may be ordered by the Joint Court of Appeal at the request of one of the parties if the facts sought to be proven are material to the case. The Joint Court of Appeal may also order the examination of witnesses on its own initiative.

Karel Frielink
Attorney (Lawyer) / Partner

(8 July 2016)


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