SUMMARY PROCEEDINGS IN THE NETHERLANDS ANTILLES
Preliminary relief within two weeks
In all matters in which an immediate injunction, measure, or decision is required, the parties may address themselves to the Court. If the matter does not require immediate resolution, the Court will deny the relief sought and refer the parties to the normal procedure. Preliminary relief proceedings (‘kort geding procedure‘) differ substantially from US summary proceedings.
This type of intervention by the Court is sought in many kinds of matters, including disputes concerning shareholders or attachments, or the enforcement of judgments. At the request of the claimant, the Court may stipulate in its order that the defendant shall forfeit a penalty for each day, or other time period, that the defendant fails to comply with the ordered measure or injunction, or for as long as the defendant acts in contravention of the decision.
Almost all proceedings in the Netherlands Antilles start with filing an initial request with the Court of First Instance. Summary proceedings do not form an exemption to this rule. The Court will take care of serving the writ of summons on the defendant(s).
The Court in the Netherlands Antilles will fix a date for the hearing within two weeks after the filing of the initial request. It does not have to extend this period in order to make sure that the writ of summons will reach the defendant(s) in time for the hearing.
The Court will render its judgment usually one week after the hearing. 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 (provisionally) enforceable.
Summary proceedings do not have to be followed with a claim in normal proceedings; the provisional measure would be valid and enforceable with or without initiating such normal proceedings, unless the Court would have stipulated that the plaintiff, in order to be allowed to enforce the judgment in these summary proceedings, should file a petition in the regular proceedings within a certain period of time.
In general documents that one wishes to submit in summary proceedings should be sent to the Court as well as the opposite party at least three days before the hearing. The Court may ignore any documents submitted without observing this term, if the opposite party would object to this late submittance and states that it hinders the course of the proceedings. Documents that are being submitted to the Court may be in English. It is not necessary that they consist of certified copies. Even a fax copy will do.
Karel Frielink
Attorney (lawyer) / Partner
