REQUESTING A JOINDER UNDER THE LAWS OF THE NETHERLANDS ANTILLES AND ARUBA
The petitioner must have an interest
In proceedings pending between two or more parties, a third party may file a motion requesting a so-called joinder.
The Dutch Supreme Court (May 3, 1957, NJ 1959, nr. 62) decided that a request for joinder between parties in pending proceedings may only be sustained, if there is proof of an interest of the requesting party to join the side of one of the parties to the pending proceedings for purposes of supporting this party’s position, and thus to prevent prejudice of the rights or the legal position of the requesting party itself, which may result in a decision that is to the detriment of the supporting party. This requirement applies to proceedings on the merits (cf. also Supreme Court, May 22, 1992, NJ 1992, nr. 512).
In case of summary (or: preliminary relief) proceedings, other (broader) standards may in principle be observed, since i) summary proceedings are by nature of a less formal character and ii) in summary proceedings there is no question of establishment of rights. In other words: a joinder being sustained in summary proceedings does not imply that a request for joinder of the same intervener in proceedings on the merits between the original parties does also qualify for being granted. Such request shall be reviewed independently.
The ratio of a joinder is to solve disputes in one legal case whereas otherwise more proceedings would have been necessary to solve the disputes. With respect to these disputes it should in any case be possible that the intervener be allowed in such ‘other’ legal case and his claims must qualify for allowance. If it is an established fact beforehand that the intervening third party will not be allowed in independently instituted proceedings or that its claims will be rejected, then its request for joinder cannot be accepted.
Karel Frielink
Attorney (lawyer) / Partner
