U.S. JUDGMENTS AND THE NETHERLANDS ANTILLES
The recognition and enforceability of foreign judgments in the absence of a treaty
In the absence of an applicable treaty between a foreign country (for example the U.S.) and the Netherlands Antilles, a judgment rendered by a U.S. court, will not be enforced by the Netherlands Antilles courts. In order to obtain a judgment which is enforceable in the Netherlands Antilles the claim must be re-litigated before a competent Netherlands Antilles court.
Nevertheless, a judgment rendered by a U.S. Court will, under current practice, be recognized by a Netherlands Antilles court
a. if the U.S. Court has assumed jurisdiction on an internationally accepted jurisdiction ground;
b. if that judgment results from proceedings compatible with Netherlands Antilles concepts of due process, and
c. if that judgment does not contravene public policy of the Netherlands Antilles.
If the judgment is recognized by a Netherlands Antilles court, that court will generally grant the same judgment without re-litigation on the merits. However, the enforcement in the Netherlands Antilles of a U.S. court judgment concerning discovery proceedings (a general requirement for production of documents) will be subject to the rules of civil procedure as applied by the Netherlands Antilles courts. Therefore, there is a realistic chance that a U.S. judgment regarding discovery proceedings will not be recognized since the Netherlands Antilles only have limited discovery possibilities.
Regarding requirement a., what is required is that the U.S. court has jurisdiction to hear the case. This will not be measured by U.S. or Netherlands Antilles international private law, but by looking at whether the U.S. court has jurisdiction on an internationally generally accepted basis for jurisdiction.
As to requirement b., what is required is that the foreign trial meets the standards of due process which are imposed by Netherlands Antilles law, e.g. timely and effective service of process allowing the defendant to defend itself, equal treatment of both parties, particularly the principle of hearing both sides of the argument (‘hoor en wederhoor’) and a due investigation of the standpoints of the parties.
Turning to requirement c., this public policy requirement applies not so much to the contents of the foreign judgment, but to the consequences of recognizing it in the Netherlands Antilles. It therefore depends on the circumstances of the case. The public policy exemption does not allow the Netherlands Antilles court to refuse to recognize the U.S. judgment because it would itself have rendered a different judgment. Netherlands Antilles public policy refers to the fundamental legal principles of our legal system. This exemption will only apply if in the given circumstances recognition of the foreign judgment would lead to consequences that cannot be allowed from a Netherlands Antilles perspective. The public policy exemption will only be used in rare circumstances.
Karel Frielink
Attorney (Lawyer) / Partner
