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 …
Read the rest »

06
Jan 2016
CATEGORY

Legal

COMMENTS No Comments

THE COURT OF LAST RESORT

Curaçao court as court of last resort for civil matters

An attachment on assets located in Curaçao generally establishes jurisdiction over the cause of action for which the attachment is made, also if neither of the parties involved are domiciled in Curaçao.

According to Section 767 of the Curaçao Code of Civil Procedure, the Curaçao court is competent to hear a case on the merits (i.e. has (international) jurisdiction) if there are no other means of obtaining an enforceable order in Curaçao (first condition).

This condition will not be met if, for instance, in respect of a claim an arbitrator …
Read the rest »

09
Dec 2013
CATEGORY

Legal

COMMENTS No Comments