L4L – LAWYERS FOR LAWYERS
Helps lawyers in danger around the world
I am supporting Lawyers for Lawyers (L4L) for several years already. L4L is an independent and non-political foundation which seeks to promote the proper functioning of the rule of law by pursuing freedom and independence of the legal profession. L4L does this by supporting lawyers worldwide who are threatened or suppressed in the execution of their profession.
L4L has committed itself to enable lawyers to practice law in freedom and independence, always and everywhere, even when that does not suit the local government, bar association or establishment. The objectives of …
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LEGAL FEES: CHANGING LANDSCAPE
Alternative billing arrangements
According to Larry Primeaux, the construction of legal fees is undergoing a metamorphosis in reaction to changing economics. Fact is, indeed, that you read everywhere that law firms (lawyers, advocates, attorneys) have to change. The system of “hourly rate billing” in particular has to take the rap. “In this economy, at least for the short term, it appears that law firms will be forced to agree to alternative fee arrangements if clients demand those arrangements.” (2013 ABA Publication).
According to the website AMPulse, “the success of flat rate fees is dependent …
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LAW FIRMS SEE ALTERNATIVE FEE ARRANGEMENTS AS HERE TO STAY
“I don’t think the billable hour is dead, but I think it has company”
According to an article by Kim Lyons of the Pittsburgh Post-Gazette, “the billable hour has long been the mainstay of law firms and their pay structure. But in recent years, firms have had to become more creative in how they get paid, as they compete for business with ever more cost-conscious companies.
Enter the “alternative fee arrangement.” Whether it’s a flat fee, a capped fee, a blended rate or some other variety, alternative fee arrangements are giving the billable hour a run for its money.”
THINK LIKE A LAWYER, DON’T ACT LIKE ONE
The essential rules for the smart negotiator
Aernoud Bourdrez is a lawyer and conflict negotiator. The approach of Bourdrez differs from traditional advocacy. Where traditional lawyers focus on the legal aspects of the conflict, Bourdrez puts emphasis on the patterns that characterize the conflict and ways to break through these patterns.
On preventing and resolving conflicts Bourdrez wrote the book Think Like a Lawyer, Don’t Act Like One. For this book he followed the famous course Program on Negotiation at Harvard and he read standard works like Getting to Yes, The Theory of Conflict and The Art …
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AVIATION – OPEN SKIES AGREEMENT WITH BRAZIL
Brazilian airlines are looking to use Curaçao as a hub to the United States of America
According to various news publications Curaçao entered into a bilateral air services agreement, on an open skies basis, with Brazil. The bilateral air services agreement makes it possible for airlines of both countries to start air services between Curaçao and Brazil. The agreement applies both to carriage of passengers and carriage of cargo.
Two years ago a Memorandum of Understanding (MoU) was signed between Brazil and Curaçao to enter into a bilateral air services agreement. Pursuant to the MoU, Minister Earl Balborda signed the …
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THE COURT OF LAST RESORT
Curaçao court as court of last resort for civil matters
An attachment on assets located in Curaçao generally establishes jurisdiction over the cause of action for which the attachment is made, also if neither of the parties involved are domiciled in Curaçao.
According to Section 767 of the Curaçao Code of Civil Procedure, the Curaçao court is competent to hear a case on the merits (i.e. has (international) jurisdiction) if there are no other means of obtaining an enforceable order in Curaçao (first condition).
This condition will not be met if, for instance, in respect of a claim an arbitrator …
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150 JURIDISCHE PUBLICATIES
Een persoonlijke mijlpaal
Afgelopen donderdag was het dan zo ver: mijn 150e juridische publicatie zag het levenslicht. Het gaat om mijn bijdrage aan het Liber Amicorum ‘Christels Koers’ dat toen werd aangeboden aan prof.mr. drs. C.M. Grundmann-van de Krol: “Openbaarmaking door de financiële toezichthouders”. De volledige lijst met publicaties is hier te vinden.
Nummer 151 is overigens al geschreven en is in het komende nummer van het Caribisch Juristenblad te vinden. De meer dan 850 stukken die op deze weblog staan heb ik uiteraard niet meegeteld…
Karel Frielink Attorney (Lawyer) / Partner
(2 December 2013)
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CHALLENGING THE VALIDITY OF A CONTRACT
Based on error, fraud or undue influence
The validity of a contract can be challenged on various grounds, including error, fraud or undue influence. In the case to be discussed here a contract was entered into by an intermediary. Appellants in cassation (Van Eendenberg) were owners of the parcels on which a preferential right was established pursuant to the (Dutch) Municipalities (Preferential Rights) Act. In view of the sale of those parcels, in so far as municipalities should need them for house construction, they have entered into a brokerage agreement with Agromak BV.
Its director then acted as an intermediary …
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US LAW GOVERNED AGREEMENTS
Curaçao and St. Maarten Courts will accept the choice of laws
One of the questions frequently asked is whether the Courts in Curaçao or St. Maarten, if an action is brought before them, will pay deference to a “choice of governing law” and/or venue provision in an agreement, in particular when the parties have chosen US Law, and a US Court to resolve their disputes.
The choice of the laws of (a particular State of) the United States of America as the laws governing an agreement is valid and binding under the laws of Curaçao/St. Maarten, and will therefore be …
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SERVICE OF PROCESS
A bailiff must be engaged
What is the procedure for the service of foreign proceedings under the procedural laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba for a company having its registered address in one of those territories, for instance Curaçao?
Under Curaçao procedural law, the service of proceedings on a Curaçao legal person will be done by means of a bailiff’s notification. This notification shall be served (i) on the person or residence of the president of the management board of the company or (ii) on the business and/or registered address of the company.
Curaçao procedural …
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THE COSTS OF LITIGATION
Parties have to bear their own attorney costs
Under the laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba, generally speaking, each party has to bear its own attorney costs, except if there is an agreement in place between the parties providing for such compensation. Other costs related to proceedings are for instance bailiff costs and court fees.
The extent to which the aforementioned costs of litigation are to be borne by the party losing the case are determined by the court. The costs will in fact not compensate the actual costs and attorneys fees incurred. They are …
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SEIZING ASSETS IN THE DUTCH CARIBBEAN
Court approval required, but freezing assets is rather easy
Under the laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba any party with a prima facie claim may file a petition for a court order granting an attachment, which petitions are generally granted, solely based on the allegations in the petition. Seizing assets of a another party may already be possible at a time when the claim (e.g. under an agreement or a guarantee) is not yet due, but where there is good reason to believe that, when it will become due, the other party will not honor …
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