Recognition is usually not a problem In the absence of an applicable treaty between foreign countries and the Dutch Caribbean, a judgment rendered by an international court from a country without a treaty will not be enforced by the courts of any Dutch Caribbean countries. In order to obtain a judgment which is enforceable in… Continue reading RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
Tag: treaty
CURACAO AND THE ENFORCEMENT OF U.S. JUDGMENTS
Recognition and enforceability In the absence of an applicable treaty between foreign countries (for example the U.S.) and Curacao, a judgment (in a civil matter) rendered by a U.S. court will not be enforced by the courts of Curacao. The Treaty of Friendship, Commerce and Navigation between the United States of America and the Kingdom… Continue reading CURACAO AND THE ENFORCEMENT OF U.S. JUDGMENTS
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
LITIGATION IS A SKILLED PROFESSION (part 3)
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)
TAKING OVER CONTROL OF A CURACAO COMPANY THROUGH A FOREIGN COURT DECISION
The powers of a foreign appointee will not be recognized According to Curacao private international law, the appointment and dismissal of board members of a company as well as decisions limiting their powers is governed by the laws of the jurisdiction under which the company is incorporated. Accordingly, the appointment and dismissal of a board… Continue reading TAKING OVER CONTROL OF A CURACAO COMPANY THROUGH A FOREIGN COURT DECISION
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
THREE QUESTIONS ABOUT DUTCH CARIBBEAN CIVIL PROCEEDINGS
FAQ Question 1 Are there any particular issues that concern foreign plaintiffs in the Netherlands Antilles? If proceedings on the merits are initiated by a non-resident plaintiff, the defendant may ask the court to order that the plaintiff provide security for damages, costs and interest which it might be liable to pay as a result… Continue reading THREE QUESTIONS ABOUT DUTCH CARIBBEAN CIVIL PROCEEDINGS
WHO OWNS THE MOON?
No one does actually You may have heard about people selling parts of the moon: they claim that you can become co-owner of moon lots for about US$ 40 per acre. However, in my opinion, the moon belongs to no one, period! No state or government can claim ownership and neither can an individual. To… Continue reading WHO OWNS THE MOON?