RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

Recognition is usually not a problem

In the absence of an applicable treaty between foreign countries and the Dutch Caribbean, a judgment rendered by an international court from a country without a treaty will not be enforced by the courts of any Dutch Caribbean countries. In order to obtain a judgment which is enforceable in the Dutch Caribbean, the claim must be re-litigated before the court being sought to enforce the judgment.

Nevertheless, a judgment rendered by an international court without a treaty will, under current practice, be recognized by a Dutch Caribbean court:

  • if the international court has assumed …
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  • 08
    May 2019
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    Legal

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    INTERNATIONAL ARBITRATION IN THE DUTCH CARIBBEAN

    The UNCITRAL Model Law is applicable

    Parties with a legal dispute can turn to the public court system to settle the dispute; however, instead of bringing a lawsuit in a public court, they can also opt for arbitration. Arbitration is a form of private dispute settlement in which the parties instruct one or more persons (arbitrators) to render a binding decision on their dispute. The arbitrators may be jurists, but they can also be laypersons. People with specific expertise or experience in a certain branch or industry are often chosen as arbitrator.

    Parties can include a so-called arbitration clause in …
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    06
    Jan 2016
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    Legal

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