. Karel Frielink ranked Band 1 for the 10th time Once again, I have been selected as a ranked lawyer in Chambers Global 2019 identifying me as one of the best lawyers in the Dutch Caribbean. The Chambers Guides have been ranking the best law firms and lawyers since 1990, and now covers over 190… Continue reading CHAMBERS GLOBAL 2019 LEGAL RANKINGS RELEASED
Tag: lawyer
THINK LIKE A LAWYER, ACT LIKE A DIPLOMAT, OR VICE VERSA?
Negotiating your way through life What do presidents, diplomats, housekeepers, attorneys, kids, CEOs and second-hand car dealers have in common? They all negotiate in order to get what they want. Negotiating your way through life. It all starts when you are born. A baby’s negotiating power comes from his mouth; when used by adults it… Continue reading THINK LIKE A LAWYER, ACT LIKE A DIPLOMAT, OR VICE VERSA?
BRAND NEW TEXTBOOK ON DUTCH CARIBBEAN CORPORATE LAW
Leading legal textbook on Dutch Caribbean corporate law Development of Dutch Caribbean corporate law has been rapid and voluminous. This fact justifies a whole new textbook on the subject. In August 2017, my new textbook on Dutch Caribbean corporate law was published: Kort begrip van het Nederlands Caribisch Rechtspersonenrecht (A concise understanding of Dutch Caribbean… Continue reading BRAND NEW TEXTBOOK ON DUTCH CARIBBEAN CORPORATE LAW
SUPERVISION OF BROKERS AND ASSET MANAGERS IN CURACAO
New Ordinance will enter into force in 2017 In the course of 2017, the Curaçao ‘Landsverordening toezicht effectenbemiddelaars en vermogensbeheerders’ (National Ordinance on the supervision of securities brokers and asset managers) will come into force. The primary aim of the new Ordinance is to introduce a supervisory regime for brokers in the securities business and… Continue reading SUPERVISION OF BROKERS AND ASSET MANAGERS IN CURACAO
THE ARUBA PUBLIC LIMITED LIABILITY COMPANY
Managing and supervisory directors’ liability I will refer only to the Aruba NV type of company, otherwise known as the public limited liability company, governed by the Commercial Code of Aruba. Furthermore, I will discuss only the basic concept of managing and supervisory directors’ liability. Duties Section 106(1) of the Aruba Commercial Code (ACC) provides… Continue reading THE ARUBA PUBLIC LIMITED LIABILITY COMPANY
HIRE A LAWYER AND GET ONE FOR FREE?
Law firms differ from shoe selling businesses There is no one-size-fits-all when it comes to shoes. There is also no one-size-fits-all lawyer as a solution for all your legal matters. In many cases and for many clients, the size of a law firm is not of much importance. What is important may differ from client… Continue reading HIRE A LAWYER AND GET ONE FOR FREE?
THE ENFORCEMENT OF A JUDGEMENT BY THE COURTS IN ST. MAARTEN
Judgments are immediately enforceable most of the time According to Article 55, par. 1 of the St. Maarten Code of Civil Procedure, opposition (in the case of a default judgment) or appeal (in the event of adversarial proceedings) prevent the enforcement (execution) of a judgment unless the decision is ‘enforceable notwithstanding opposition or appeal’ a.k.a.… Continue reading THE ENFORCEMENT OF A JUDGEMENT BY THE COURTS IN ST. MAARTEN
APPELLATE PROCEEDINGS IN CURACAO
Full review of the case Appellate proceedings in Curaçao provide for a full review of the appealed decision: the grounds on which the Joint Court of Appeal can reverse the original judgment are not, as in certain other jurisdictions, limited to procedural matters. It is furthermore permissible to introduce new documentary evidence in the course… Continue reading APPELLATE PROCEEDINGS IN CURACAO
TYPES OF LIABILITY IN ARUBA
A three-part distinction With regard to liability a three-part distinction can be made. The first distinction relates to the basis of the liability: liability pursuant to a contractual relationship (the attributable failure in this respect) and liability pursuant to a wrongful act. Another distinction relates to the personal liability (thus for the party’s own actions… Continue reading TYPES OF LIABILITY IN ARUBA
PRELIMINARY RELIEF PROCEEDINGS
When a case needs an urgent decision The procedure for provisional measures in summary proceedings (kort geding), a.k.a. preliminary relief proceedings or interlocutory proceedings, is an interim injunction procedure before the court. Such proceedings, under Dutch Caribbean law, are aimed at obtaining temporary instructions from the court, not at receiving a final decision in the… Continue reading PRELIMINARY RELIEF PROCEEDINGS
THE BINDING EFFECT OF JUDGMENTS
Limited to the parties involved in the proceedings Court decisions, even decisions by the Dutch Supreme Court, are not binding on courts when deciding future cases. However, the Code of Civil Procedure prevents parties from litigating twice on the same legal issue. The principle that a final judgment of a competent court is conclusive upon… Continue reading THE BINDING EFFECT OF JUDGMENTS
BRIBERY
A criminal act With regard to anti-corruption the Criminal Codes of Aruba, Curaçao, St. Maarten and the BES-islands include criminal acts such as fraud, bribery and abuse of authorities. The bribery offence closely resembles the bribery provisions under the Dutch Criminal Code. The Codes also stipulate regulations on criminal acts committed by judges, ministers, members… Continue reading BRIBERY