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
Tag: conservatory attachment
LIFTING OF AN ATTACHMENT UNDER THE LAWS OF THE DUTCH CARIBBEAN (II)
Defendant has to show that the claim is invalid Article 705, Paragraph 2 of the Netherlands Antilles 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… Continue reading LIFTING OF AN ATTACHMENT UNDER THE LAWS OF THE DUTCH CARIBBEAN (II)
LIFTING OF AN ATTACHMENT UNDER THE LAWS OF THE DUTCH CARIBBEAN (I)
Freezing assets is rather easy Under Netherlands Antilles 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 Netherlands Antilles law, that the litigant needs to demonstrate that,… Continue reading LIFTING OF AN ATTACHMENT UNDER THE LAWS OF THE DUTCH CARIBBEAN (I)
THREE QUESTIONS ABOUT DUTCH CARIBBEAN PREJUDGMENT ATTACHMENT
FAQ Question 1 How easily can one obtain permission to freeze assets? The Netherlands Antilles Code of Civil Procedure provides the possibility to seize and freeze assets in anticipation of a court order to pay a certain amount or to return certain goods. This legal remedy is referred to as prejudgment attachment or seizure (conservatoir… Continue reading THREE QUESTIONS ABOUT DUTCH CARIBBEAN PREJUDGMENT ATTACHMENT