PRESENTING FACTS IN DUTCH CARIBBEAN COURT PROCEEDINGS

Facts must be presented fully and truthfully

Legal proceedings are initiated by a petition filed with the Courts. A petition is a document stating, among other things, the names and addresses of the parties, the nature of the dispute (including the relevant facts of the case), the competent court, and the demand for relief.

The significance of the petition should not be underestimated. Filing a petition with the court stops the statute of limitations running for that case. A petition should clearly state the facts and specify the relief sought, in order to enable the court to render a default …
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03
Nov 2010
CATEGORY

Legal

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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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EUROPEAN COURT OF JUSTICE ON INSIDER DEALING

Market Abuse Directive defines insider dealing objectively

The European Court of Justice, in its decision dated 23 December 2009 (Case C‑45/08; Spector Photo Group NV and Chris Van Raemdonck versus Commissie voor het Bank-, Financie- en Assurantiewezen (CBFA)), has clarified the elements of insider dealing following a request from the Court of Appeal of Brussels.

The European Court of Justice was to interpret the expression ‘use of inside information’ in Article 2(1) of EU Directive 2003/6 (the Market Abuse Directive or MAD). That provision provides that the Member States are to prohibit any person referred to in …
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30
Jan 2010
CATEGORY

Finance

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LEGAL REBELS ARE REMAKING THE LEGAL PROFESSION

Dozens of lawyers are remaking their corners of the profession

According to the American Bar Association (ABA), “the legal profession is not just struggling through a recession but undergoing a structural break with the past. There is a growing consensus that the profession that emerges from this downturn will be different in fundamental ways from the one that entered it.”

Over the next three months, the ABA will be profiling 50 legal innovators a.k.a. Legal Rebels. These Legal Rebels are finding new ways to practice law, represent their clients, adjudicate cases and train the …
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29
Aug 2009
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
CATEGORY

Legal

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