Foreign law It often happens that for instance the court in Curacao has jurisdiction to hear a case but the claim is governed by the law of another country. In that case the court must be informed of the contents of that foreign law by the parties. Obviously, before you institute these proceedings you must… Continue reading LITIGATION IS A SKILLED PROFESSION (part 3)
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LITIGATION IS A SKILLED PROFESSION (part 2)
Which court is competent to hear the case? In order to answer the question of which court you should bring your action before, the type of claim can also be important. In Curacao you must bring your claim for collection of a sum of money or a dispute involving a take-over contract before the Court… Continue reading LITIGATION IS A SKILLED PROFESSION (part 2)
KONINKLIJK ALS HET KAN….
LITIGATION IS A SKILLED PROFESSION (part 1)
Everything boils down to knowledge and experience Litigation appears to be simple. For instance you have a monetary claim on someone (a private person or an enterprise) and you ask the court to determine in a judgment that you indeed have this claim. And you ask the court that the counterparty be ordered to pay… Continue reading LITIGATION IS A SKILLED PROFESSION (part 1)
CHAMBERS AND PARTNERS QUALITY RANKINGS 2013
Spigt Dutch Caribbean still a number 1 firm International publisher Chambers and Partners published its global ranking of law firms ‘Chambers Global’ on 14 March 2013. In its survey Chambers Global 2013, Chambers and Partners ranks Spigt Dutch Caribbean as Leading Firm. Chambers in its survey: This corporate heavyweight continues to attract plaudits for its… Continue reading CHAMBERS AND PARTNERS QUALITY RANKINGS 2013
NEW BOARD CURACAO BAR ASSOCIATION
Annual meeting held on 11 December 2012 In the Annual Meeting of the Curacao Bar Association on 11 December a new Board has been elected. The Board of the Curacao Bar Association now consists of: Caroline Fiévez – President Everett Wilsoe – Vice-President Emile Huizing – Secretary Reagan Celestijn – Treasurer Paul van de Laarschot… Continue reading NEW BOARD CURACAO BAR ASSOCIATION
THE DUTCH CARIBBEAN AND ROME I AND ROME II
Nothing has changed as of 10-10-10 The Country the Netherlands Antilles consisted of Bonaire, Curacao, St. Maarten, St. Eustatius and Saba, and formed part of the Kingdom of the Netherlands. On October 10, 2010 the Netherlands Antilles ceased to exist as a country. Two new countries were born on that date: the country Curacao and… Continue reading THE DUTCH CARIBBEAN AND ROME I AND ROME II
INTERNATIONAL NON-CONTRACTUAL LIABILITY FROM A DUTCH PERSPECTIVE
Introduction Financial law is not an exclusively national affair. Cross-border transactions and service provisions have been common place for a very long time. Harmonisation of rules has been worked towards in a European context for decades. Leaving aside special subject matters such as liability for products and road accidents, the (partial) harmonisation of the rules in… Continue reading INTERNATIONAL NON-CONTRACTUAL LIABILITY FROM A DUTCH PERSPECTIVE
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
ORDINARY ADVERSARIAL VERSUS SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN
The court only considers the key issues According to Article 110 and 111 of the Netherlands Antilles Code of Civil Proceedings (NACCP), all adversarial proceedings shall be initiated by means of a petition to the Court of First Instance. Proceedings so initiated are ordinary proceedings, unless the petitioner expressly opts for preliminary relief proceedings (kort… Continue reading ORDINARY ADVERSARIAL VERSUS SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN
OBITER DICTUM OR NOT?
Litigating twice on the same matter is not allowed The Netherlands Antilles 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 the parties in any subsequent litigation involving the same cause of action is known as ‘res… Continue reading OBITER DICTUM OR NOT?
DUTCH CARIBBEAN LITIGATION AND THE ESTABLISHMENT OF FACTS
Failing to contest may make a fact true Facts play an important role in civil litigation. Facts are established by the Court in First Instance of the Netherlands Antilles or Aruba and by the Joint Court of Appeal of the Netherlands Antilles and Aruba, not by the Supreme Court. A review by the Supreme Court… Continue reading DUTCH CARIBBEAN LITIGATION AND THE ESTABLISHMENT OF FACTS