PRELIMINARY RELIEF PROCEEDINGS IN THE DUTCH CARIBBEAN
A.K.A. Summary Proceedings or Interlocutory Proceedings
The procedure for provisional measures in summary proceedings (kort geding), or preliminary relief proceedings or interlocutory proceedings, is to request an interim injunction before the court. Such proceedings, under the laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba, are aimed at obtaining temporary instructions from the court, not at receiving a final decision in the case.
Provisional remedies may be permitted in preliminary relief proceedings in civil cases if the claim meets the following three conditions: (i) there is an urgent interest at stake; (ii) the interests of both parties needs …
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ATTACHMENTS UNDER THE LAWS OF CURACAO (part II)
Defendant has to show that the claim is invalid
Article 705, Paragraph 2 of the Curaçao Code of Civil Procedure states that the lifting of an attachment may be ordered if it appears summarily that the claim is invalid.
According to existing case law of the Dutch Supreme Court (see for instance Supreme Court dd June 14, 1996, NJ (Dutch Law Reports) 1997, 481), this means that the plaintiff (i.e. the party requesting the attachment be lifted in summary proceedings), with due regard for the limitations of summary proceedings, should establish a prima facie case (aannemelijk maken) that the alleged …
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ATTACHMENTS UNDER THE LAWS OF CURACAO (part I)
Freezing assets is rather easy
Under Curaçao law 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. It is not required, under Curaçao law, that the litigant needs to demonstrate that, in absence of an attachment, there is a risk that the defendant would have insufficient assets to pay a judgment, as a threat of evading a judgment (by moving assets etc.) does exist.
Only with respect to some types of assets, such as registered shares and other …
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LIFTING OF AN ATTACHMENT UNDER THE LAWS OF THE DUTCH CARIBBEAN (II)
Defendant has to show that the claim is invalid
Article 705, Paragraph 2 of the Netherlands Antilles Code of Civil Procedure states that the lifting of an attachment may be ordered if it appears summarily that the claim is invalid.
According to existing case law of the Dutch Supreme Court (see for instance Supreme Court dd June 14, 1996, NJ (Dutch Law Reports) 1997, 481), this means that the plaintiff (i.e. the party requesting the attachment be lifted in summary proceedings), with due regard for the limitations of summary proceedings, should establish a prima facie case (aannemelijk maken) that the …
Read the rest »
LIFTING OF AN ATTACHMENT UNDER THE LAWS OF THE DUTCH CARIBBEAN (I)
Freezing assets is rather easy
Under Netherlands Antilles law 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. It is not required, under Netherlands Antilles law, that the litigant needs to demonstrate that, in absence of an attachment, there is a risk that the defendant would have insufficient assets to pay a judgment, as a threat of evading a judgment (by moving assets etc.) does exist.
Only with respect to some types of assets, such as registered shares …
Read the rest »