Lawyers must learn to communicate with their clients Communication skills are particularly important for lawyers. On the one hand lawyers have to accurately debate legal issues with like-skilled/trained people and on the other hand they have to explain all this to people without any legal education, many of which are vulnerable. That is not as… Continue reading LEGAL DOCUMENTS ARE HARD TO READ DUE TO LEGALESE LANGUAGE
Tag: aruba
KNOWLEDGE CEO CAN BE IMPUTED TO CORPORATION
Interesting opinion of the United States Court of Appeals for the Ninth Circuit Knowledge can be both actual and constructive. The question is under what circumstances actual knowledge, for instance the CEO’s knowledge, can be imputed to the corporation. This question was addressed by the Ninth Circuit in its opinion of 23 October 2015 (securities… Continue reading KNOWLEDGE CEO CAN BE IMPUTED TO CORPORATION
CORPORATE GOVERNANCE AND STATE-OWNED ENTERPRISES
Speech Karel Frielink – Conference of the Caribbean Ombudsman Association Ladies and Gentlemen! I have only half an hour, so I won’t travel back in time to the early days of mankind. I just start with Plato (427 – 347 B.C.E.). You may have heard of this philosopher. And of ‘Platonic love ’ of course.… Continue reading CORPORATE GOVERNANCE AND STATE-OWNED ENTERPRISES
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… Continue reading THE DIFFICULTY OF ENFORCING JUDGMENTS
ATTACHMENTS UNDER THE LAWS OF CURACAO (part II)
Defendant has to show that the claim is invalid Article 705, Paragraph 2 of the Curaçao Code of Civil Procedure states that the lifting of an attachment may be ordered if it appears summarily that the claim is invalid. According to existing case law of the Dutch Supreme Court (see for instance Supreme Court dd… Continue reading ATTACHMENTS UNDER THE LAWS OF CURACAO (part II)
ATTACHMENTS UNDER THE LAWS OF CURACAO (part I)
Freezing assets is rather easy Under Curaçao law any party with a prima facie claim may file a petition for a court order granting an attachment, which petitions are generally granted, solely based on the allegations in the petition. It is not required, under Curaçao law, that the litigant needs to demonstrate that, in absence… Continue reading ATTACHMENTS UNDER THE LAWS OF CURACAO (part I)
RESTRUCTURING, REFINANCING AND CREDITOR PROTECTION
Diligence is required Especially in these times of global economic and financial turmoil, an international group of companies (or part thereof) might want to consider restructuring and refinancing its operations or may be already in the process of doing so. When considering or carrying out such plans, careful thought must be given to potential (legal)… Continue reading RESTRUCTURING, REFINANCING AND CREDITOR PROTECTION
OPPORTUNITIES TO MEET ME
Amsterdam, The Hague & Vienna I am going to attend the following conferences: Consular Conference – The Hague, 22 September 2015 InterExpo / 20th Trade Mission – Amstel Hotel Amsterdam, 23 – 25 September 2015 International Chamber of Commerce (ICC), FraudNet Conference – Vienna, Austria, 1 – 3 October 2015 IBA (International Bar Association) International Conference… Continue reading OPPORTUNITIES TO MEET ME
FRAUD (part II)
Legal forms of fraud The person who forges a diploma, agreement or identity document is guilty of a criminal offence. Although the concept of ‘fraud’ is only mentioned in relation to human trade in the Criminal Code of Curaçao, there are various offences which can have a relationship with fraud in the sense meant herein:… Continue reading FRAUD (part II)
FRAUD (part I)
Curaçao Fraud is an everyday occurrence. It is of all times, and a phenomenon that happens in every country. In discussions about fraud (and corruption) in Curaçao you regularly see that people refer to other countries, in particular to the Netherlands, to downplay this phenomenon here somewhat. The small number of criminal prosecutions and convictions… Continue reading FRAUD (part I)
NO DERIVATIVE ACTION IN CURACAO
A claim based on tort is possible though Curaçao corporate law does not provide for any derivative suit mechanism (and neither do the laws of Aruba, St. Maarten and the BES-islands). This matter was first decided in the cases of Poot v. ABP, Hoge Raad (Dutch Supreme Court) 2 December 1994, NJ 1995, 288, and… Continue reading NO DERIVATIVE ACTION IN CURACAO
FRAUDNET – THE POWER OF ONE GLOBAL NETWORK
FraudNet in action According to The Irish Times, lawyer Antenor Pereira Madruga Filho (a member of FraudNet) is hired by the Irish Government to represent it in a high-profile case involving a lawyer who fled Ireland in 2007 with debts of €80m. The lawyer was arrested in Brazil almost two years ago and has been… Continue reading FRAUDNET – THE POWER OF ONE GLOBAL NETWORK