CURACAO AND THE ENFORCEMENT OF U.S. JUDGMENTS

Recognition and enforceability

In the absence of an applicable treaty between foreign countries (for example the U.S.) and Curacao, a judgment (in a civil matter) rendered by a U.S. court will not be enforced by the courts of Curacao. The Treaty of Friendship, Commerce and Navigation between the United States of America and the Kingdom of the Netherlands (which entered into force December 5, 1957) does not govern general recognition of Curacao and U.S. judgments in each of the countries. In order to obtain a judgment which is enforceable in Curacao the claim must be re-litigated before the Curacao courts.


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21
Sep 2016
CATEGORY

Legal

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THE DIFFICULTY OF ENFORCING JUDGMENTS

Michael Redman on the challenges of enforcing judgments

Michael Redman of Burford Capital has written an interesting article on the challenges of enforcing judgments, which was published in the October 2015 issue of Litigation Funding (click here).

As far as the Dutch Caribbean (Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba) is concerned, the enforcement of a judgment rendered by for instance an English court will be subject to the provisions of the Convention between the Kingdom of the Netherlands and the United Kingdom and Northern Ireland regarding Mutual Recognition and Enforcement of Judgments in …
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13
Oct 2015
CATEGORY

Legal

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LITIGATION IS A SKILLED PROFESSION (part 3)

Foreign law

It often happens that for instance the court in Curacao has jurisdiction to hear a case but the claim is governed by the law of another country. In that case the court must be informed of the contents of that foreign law by the parties. Obviously, before you institute these proceedings you must have examined whether your claim has any chance of success. And you have to consider the question of what you will do if the claim is awarded by the court in Curacao but you have to go abroad for enforcement of that judgment. Sometimes you …
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10
May 2013
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Legal

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TAKING OVER CONTROL OF A CURACAO COMPANY THROUGH A FOREIGN COURT DECISION

The powers of a foreign appointee will not be recognized

According to Curacao private international law, the appointment and dismissal of board members of a company as well as decisions limiting their powers is governed by the laws of the jurisdiction under which the company is incorporated. Accordingly, the appointment and dismissal of a board member of a Curacao limited liability company (NV or BV) as well as any limitation in respect of his powers must take place in accordance with Curacao law.

In the event a Curacao company has a foreign branch, e.g. in the United States, such company …
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08
Feb 2013
CATEGORY

Corporate

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THE DUTCH CARIBBEAN AND ROME I AND ROME II

Nothing has changed as of 10-10-10

The Country the Netherlands Antilles consisted of Bonaire, Curacao, St. Maarten, St. Eustatius and Saba, and formed part of the Kingdom of the Netherlands. On October 10, 2010 the Netherlands Antilles ceased to exist as a country. Two new countries were born on that date: the country Curacao and the country St. Maarten. The three remaining islands (Bonaire, St. Eustatius and Saba, a.k.a. the BES-islands) became special overseas territories (sort of municipalities) of the Netherlands. The question is whether the new status of the islands mentioned means that treaties to which the Netherlands is …
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01
Feb 2011
CATEGORY

Legal

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INTERNATIONAL NON-CONTRACTUAL LIABILITY FROM A DUTCH PERSPECTIVE

Introduction

Financial law is not an exclusively national affair. Cross-border transactions and service provisions have been common place for a very long time. Harmonisation of rules has been worked towards in a European context for decades. Leaving aside special subject matters such as liability for products and road accidents, the (partial) harmonisation of the rules in respect of the cross-border tort (wrongful act) has only relatively recently been realised.

Rome II, which concerns the law applicable in respect of non-contractual obligations, has been in force in the Netherlands since 11 January 2009. It applies to non-contractual obligations which have arisen after that …
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31
Jan 2011
CATEGORY

Legal

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THREE QUESTIONS ABOUT DUTCH CARIBBEAN CIVIL PROCEEDINGS

FAQ

Question 1

Are there any particular issues that concern foreign plaintiffs in the Netherlands Antilles?

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 Netherlands Antilles and the plaintiff’s country.

Question2

Can attorney costs for legal proceedings be recovered?

Generally speaking, each party has to …
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20
Dec 2008
CATEGORY

Legal

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WHO OWNS THE MOON?

No one does actually

You may have heard about people selling parts of the moon: they claim that you can become co-owner of moon lots for about US$ 40 per acre.

However, in my opinion, the moon belongs to no one, period! No state or government can claim ownership and neither can an individual. To state that it is mankind’s heritage and that ‘mankind’ could claim ownership is ridiculous and even arrogant: it would be a kind of colonialism. The same applies to other celestial bodies and, in fact, to the whole universe.

On the other hand, …
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06
Jun 2008
CATEGORY

Legal

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