RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

Recognition is usually not a problem

In the absence of an applicable treaty between foreign countries and the Dutch Caribbean, a judgment rendered by an international court from a country without a treaty will not be enforced by the courts of any Dutch Caribbean countries. In order to obtain a judgment which is enforceable in the Dutch Caribbean, the claim must be re-litigated before the court being sought to enforce the judgment.

Nevertheless, a judgment rendered by an international court without a treaty will, under current practice, be recognized by a Dutch Caribbean court:

  • if the international court has assumed …
    Read the rest »
  • 08
    May 2019
    CATEGORY

    Legal

    COMMENTS No Comments

    THREE QUESTIONS ABOUT DUTCH CARIBBEAN CIVIL PROCEEDINGS

    FAQ

    Question 1

    Are there any particular issues that concern foreign plaintiffs in the Netherlands Antilles?

    If proceedings on the merits are initiated by a non-resident plaintiff, the defendant may ask the court to order that the plaintiff provide security for damages, costs and interest which it might be liable to pay as a result of the judgment in aforementioned proceedings. This “cautio judicatum solvi” does not apply if there is a Convention (Treaty) on legal proceedings between the Netherlands Antilles and the plaintiff’s country.

    Question2

    Can attorney costs for legal proceedings be recovered?

    Generally speaking, each party has to …
    Read the rest »

    20
    Dec 2008
    CATEGORY

    Legal

    COMMENTS No Comments