PRE-TRIAL MOTIONS IN ARUBA

Differences with the United States

Civil proceedings in Aruba differ substantially from those in the United States. In Aruba there are, for instance, no juries. In principle, legal proceedings are basically conducted in writing. Oral pleadings are customary in preliminary relief proceedings, but optional in proceedings on the merits. Discovery proceedings like those in the United States do not exist. Pre-trial motions similar to those in the United States do not exist in Aruba either. There are, however, so-called incidents or ancillary proceedings in Aruba.

An ancillary proceeding may be a separate procedural step or an ancillary step within the …
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22
May 2010
CATEGORY

Legal

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PRE-TRIAL MOTIONS IN THE DUTCH CARIBBEAN

Differences with the United States

Netherlands Antilles civil proceedings differ substantially from those in the United States. In the Dutch Caribbean there are, for instance, no juries. In principle, legal proceedings are basically conducted in writing. Oral pleadings are customary in preliminary relief proceedings, but optional in proceedings on the merits. Discovery proceedings like those in the United States do not exist. Pre-trial motions similar to those in the United States do not exist in the Netherlands Antilles either. There are, however, so-called incidents or ancillary proceedings in the Dutch Caribbean.

An ancillary proceeding may be a separate procedural step …
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10
Jan 2009
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Legal

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INVESTMENT TREATIES AND THE RUSSIAN FEDERATION

Russia relatively immune

In the May 2008 issue of Business Law International (Volume 9, No 2, pp. 100-113), an article by Noah Rubins and Azizjon Nazarov was published. In this article, ‘Investment Treaties and the Russian Federation: Baiting the Bear?‘, the authors look at international treaties for the encouragement and protection of foreign investment such as the Energy Charter Treaty 1994 (ECT) as well as bilateral investment treaties (BITs).

The Energy Charter Treaty provides, a.o., that each Contracting Party shall encourage and create stable, equitable, favorable and transparent conditions for Investors (as defined in the ECT) of other Contracting Parties …
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12
Jul 2008
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Legal

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