SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (I)

Attempting to obtain temporary instructions from the court

The procedure for provisional measures in summary proceedings (in Dutch: kort geding), a.k.a. interlocutory proceedings, is an interim injunction procedure before the court. Such proceedings, under Netherlands Antilles law, are aimed at obtaining temporary instructions from the court, not at receiving a final decision in the case.

These proceedings are characterized by their more or less summary character and their relatively quick nature. There is a clear relationship to a procedure on the merits, which always may be instituted and sometimes even must be followed. Provisional measures that are prescribed in summary …
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11
Jul 2009
CATEGORY

Legal

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UNLAWFUL ACTS UNDER ARUBAN LAW

Several requirements apply

Article 6:162 section 1 of the Aruba Civil Code (Aruba CC) stipulates four conditions for someone’s obligation to compensate damage based on an unlawful act (tort):

  • A person has committed an unlawful act (‘onrechtmatige daad’) against another person; and
  • The act can be attributed (‘toegerekend’) to that person; and
  • Some other person has suffered damage (‘schade’); and
  • The unlawful act has caused these damages (‘causaal verband’).
  • Article 6:163 Aruba CC provides for an exception to the general rule of article 6:162 Aruba CC: “There is no obligation to repair damage when the violated norm does not have …
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    13
    Jun 2009
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    Legal

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    SPOTLIGHT ON CURACAO

    Curacao economic country survey inserted in the New York Post

    In May 2009, United International Press (UIP) issued a special bulletin on Curacao, the Netherlands Antilles, in an insert in the New York Post. UIP has also placed the bulletin on its website. Curacao is described as a Caribbean Hub with Investment Appeal. Amongst various government institutions and businesses, Spigthoff Attorneys & Tax Advisers is also mentioned (click here).

    According to its website,

    “United International Press is a media agency specialized in the production of comprehensive economic country surveys inserted in the New York Post. …
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    20
    May 2009
    CATEGORY

    Various

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    PLC CROSS BORDER LAW FIRM RECOMMENDATIONS

    Netherlands Antilles

    According to PLC Cross Border (Which lawyer?), Spigthoff Attorneys & Tax Advisers is one of two firms dominating the Netherlands Antilles market for international work, both on- and offshore.

    Spigthoff ranks high in corporate / M&A and dispute resolution.

    Martijn Welten, who specialises in corporate law, mergers & aquisitions and corporate litigation, is (highly) recommended in the areas of dispute resolution and corporate/M&A. 

    Karel Frielink comes recommended in the area of high net-worth private clients. Karel is highly recommended in the areas of …
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    16
    Mar 2009
    CATEGORY

    Legal

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