INTERNATIONAL ARBITRATION IN THE DUTCH CARIBBEAN
The UNCITRAL Model Law is applicable
Parties with a legal dispute can turn to the public court system to settle the dispute; however, instead of bringing a lawsuit in a public court, they can also opt for arbitration. Arbitration is a form of private dispute settlement in which the parties instruct one or more persons (arbitrators) to render a binding decision on their dispute. The arbitrators may be jurists, but they can also be laypersons. People with specific expertise or experience in a certain branch or industry are often chosen as arbitrator.
Parties can include a so-called arbitration clause in …
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LITIGATION IN THE DUTCH CARIBBEAN
If you need a troubleshooter in your corner
The civil court system in the Dutch Caribbean (Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba) consists of three tiers; first instance cases are brought before the Court of First Instance. Appeal cases are brought before the Joint Court of Appeal. When all normal appeal procedures have been exhausted, cassation cases can be brought before the Court of Cassation or Supreme Court (Hoge Raad) in The Hague in the Netherlands.
All adversarial proceedings in the Dutch Caribbean shall be initiated by means of a petition to the Court of First Instance. …
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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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SEE YOU IN COURT?
Arbitration as an alternative for settling disputes in Curacao
Parties with a legal dispute can turn to the public court system to settle the dispute; however, instead of bringing a lawsuit in a public court, they can also opt for arbitration. Arbitration is a form of private dispute settlement in which the parties instruct one or more persons (arbitrators) to render a binding decision on their dispute. The arbitrators may be jurists, but they can also be laypersons. People with specific expertise or experience in a certain branch or industry are often chosen as arbitrator.
Parties …
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PRE-TRIAL MOTIONS IN ARUBA
Differences with the United States
Civil proceedings in Aruba differ substantially from those in the United States. In Aruba there are, for instance, no juries. In principle, legal proceedings are basically conducted in writing. Oral pleadings are customary in preliminary relief proceedings, but optional in proceedings on the merits. Discovery proceedings like those in the United States do not exist. Pre-trial motions similar to those in the United States do not exist in Aruba either. There are, however, so-called incidents or ancillary proceedings in Aruba.
An ancillary proceeding may be a separate procedural step or an ancillary step within the …
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PRE-TRIAL MOTIONS IN THE DUTCH CARIBBEAN
Differences with the United States
Netherlands Antilles civil proceedings differ substantially from those in the United States. In the Dutch Caribbean there are, for instance, no juries. In principle, legal proceedings are basically conducted in writing. Oral pleadings are customary in preliminary relief proceedings, but optional in proceedings on the merits. Discovery proceedings like those in the United States do not exist. Pre-trial motions similar to those in the United States do not exist in the Netherlands Antilles either. There are, however, so-called incidents or ancillary proceedings in the Dutch Caribbean.
An ancillary proceeding may be a separate procedural step …
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CHURANDY MARTINA WINS SILVER ON 200M IN BEIJING, BUT…
was wrongly disqualified
On 20 August 2008, Churandy Martina won the silver medal in the 200 metres at the Olympics behind Usain Bolt in 19.82 seconds, the first time he had run sub-20s. He was the first medal winner for the Netherlands Antilles after Jan Boersma won silver in sailing at the 1988 Summer Olympics in Seoul.
But Churandy Martina later was disqualified after the U.S. team protest that he had run out of his lane. However, the Netherlands Antilles has appealed to the Court of Arbitration for Sport (CAS) in Lausanne to restore …
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INVESTMENT TREATIES AND THE RUSSIAN FEDERATION
Russia relatively immune
In the May 2008 issue of Business Law International (Volume 9, No 2, pp. 100-113), an article by Noah Rubins and Azizjon Nazarov was published. In this article, ‘Investment Treaties and the Russian Federation: Baiting the Bear?‘, the authors look at international treaties for the encouragement and protection of foreign investment such as the Energy Charter Treaty 1994 (ECT) as well as bilateral investment treaties (BITs).
The Energy Charter Treaty provides, a.o., that each Contracting Party shall encourage and create stable, equitable, favorable and transparent conditions for Investors (as defined in the ECT) of other Contracting Parties …
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