APPELLATE PROCEEDINGS IN THE DUTCH CARIBBEAN
Full review of the case
Appellate proceedings in the Dutch Caribbean provide for a full review of the appealed decision: the grounds on which the Appellate Court 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 of appellate proceedings. If the appealed judgment contains a final decision as regards the dispute the Appellate Court will either confirm the judgment or it will itself render a replacing decision: the case will not be referred back to the Court of First Instance.
Furthermore, the examination of witnesses may be ordered by the Appellate Court at the request of one of the parties if the facts sought to be proven are material to the case. The Appellate Court may also order the examination of witnesses on its own initiative.
Karel Frielink
Attorney (Lawyer) / Partner
(21 December 2011)
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