Court of Justice of the European Union (8 September 2010): “The public monopoly of the organisation of sporting bets and lotteries in Germany does not pursue the objective of combating the dangers of gambling in a consistent and systematic manner” (click here for more). See also my posting of 8 January 2008: ‘New German Gaming… Continue reading GERMAN GAMING LAW IN VIOLATION WITH EU LAW
Category: Legal
STANDARDS OF DUE PROCESS APPLICABLE IN THE DUTCH CARIBBEAN
The Supreme Court applies strict standards In respect of the standards of due process applicable in the Netherlands Antilles and Aruba, the European Convention for the Protection of Human Rights and Fundamental Freedoms (EVRM) applies, including article 6, which safeguards the right of due process. The first sentence of article 6 EVRM reads as follows:… Continue reading STANDARDS OF DUE PROCESS APPLICABLE IN THE DUTCH CARIBBEAN
NON-POSSESSORY PLEDGE UNDER THE LAWS OF ARUBA
A non-possessory pledge requires a deed Security rights are an important issue, especially in financing transactions. A company may, for example, guarantee the obligations of another company under a certain loan facility. There are several alternatives, one of which will be discussed here. Under the laws of Aruba there are several kinds of pledges, in… Continue reading NON-POSSESSORY PLEDGE UNDER THE LAWS OF ARUBA
SCANNED EVIDENCE UNDER THE LAWS OF THE DUTCH CARIBBEAN
Electronic files will not be disregarded as evidence A Netherlands Antilles or Aruban court may only base its decision on facts. An alleged fact that is not disputed by the parties is considered to be such a fact, even if it does not correspond with reality. For example, if both parties state that they were… Continue reading SCANNED EVIDENCE UNDER THE LAWS OF THE DUTCH CARIBBEAN
PUBLIC TRANSPORTATION ON CURACAO
Public transportation in the tourism industry Curacao is an increasingly popular tourist destination. As in many other tourist destinations, travel agencies and hotels offer various transportation services for tourists. Also, supermarkets, restaurants, car rental agencies or hotels, have started to offer (complimentary) transportation services for tourists. According to the Island Decree on public transportation, it… Continue reading PUBLIC TRANSPORTATION ON CURACAO
SEE YOU IN COURT?
Arbitration as an alternative for settling disputes in Curacao 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… Continue reading SEE YOU IN COURT?
CELEBRATING THE 5TH ANNIVERSARY OF THIS WEBLOG
A cartoon has been drawn by Mike Flanagan for the 5th anniversary of the launch of Karel’s Legal Blog June 1st, 2010 marks the 5th anniversary of my legal blog. This is an important milestone for me. Back in May 2005 I only had a rough idea about blogging and what it would take to create… Continue reading CELEBRATING THE 5TH ANNIVERSARY OF THIS WEBLOG
COMMENCING PROCEEDINGS AGAINST MULTIPLE DEFENDANTS IN THE DUTCH CARIBBEAN
Non-residents can be sued A general rule under the Netherlands Antilles code of civil procedure is that the Curacao court (or another court in the Dutch Caribbean as the case may be) has jurisdiction over defendants which are (in this example) Curacao residents or companies with an office in Curacao. In the case of multiple defendants,… Continue reading COMMENCING PROCEEDINGS AGAINST MULTIPLE DEFENDANTS IN THE DUTCH CARIBBEAN
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… Continue reading PRE-TRIAL MOTIONS IN ARUBA
SUPERVISION OF TRUST COMPANIES IN THE DUTCH CARIBBEAN
Trust companies render management services The supervision of trust companies is dealt with in the National Ordinance on the Supervision of Trust Service Providers 2003 (‘Landsverordening toezicht trustwezen’, the ‘NOST’). Supervision of trust companies (a.k.a. fiduciary or company service providers) falls in the category integrity supervision and not in the category prudential supervision. The supervisor… Continue reading SUPERVISION OF TRUST COMPANIES IN THE DUTCH CARIBBEAN
LAW FIRM MARKETING AND THE INTERNET
Blog posts reinforce your expertise and reputation I found this article on CNN’s website: ‘How can small companies make money from social media?’, and it made me start thinking about whether social media is a business for law firms. I joined LinkedIn and SunZu (f.k.a. Ecademy) back in 2004. I was among the 1st million members of LinkedIn: member number… Continue reading LAW FIRM MARKETING AND THE INTERNET
THE THREE STAGES OF LEGAL PROCEEDINGS IN THE DUTCH CARIBBEAN
General observations regarding adversarial proceedings All adversarial proceedings in the Dutch Caribbean shall be initiated by means of a petition to the Court of First Instance of the Netherlands Antilles or Aruba. Claims will be denied or rejected (afgewezen) by the Court if ruled that they are unfounded. If a claim is denied for reasons… Continue reading THE THREE STAGES OF LEGAL PROCEEDINGS IN THE DUTCH CARIBBEAN