INTERIM-RELIEF PROCEEDINGS IN THE DUTCH CARIBBEAN
Interim-relief can be obtained relatively quickly
Such proceedings (a.k.a. injunction proceedings) start, as most proceedings in the Netherlands Antilles, with filing an initial request with the court. The latter will take care of serving the writ of summons onto the defendant(s). The court then will fix a date for the hearing within two weeks after the filing of the initial request.
After the hearing, the court will render its judgment usually within one week. Although the judgment will only be a provisional measure, it would – if in favor of the claimant – most probably serve its purpose as it is normally (albeit provisionally) enforceable.
It may also be noted that interim relief proceedings do not have to be followed with a claim in ‘regular’ proceedings, meaning proceedings (action) on the merits; the provisional measure would be valid and enforceable with or without initiating such normal proceedings, unless the court has stipulated that the plaintiff, in order to be allowed to enforce the judgment in the interim relief proceedings, should file a petition in the regular proceedings within a certain period of time.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
