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International Law

Karel's Legal Blog

Attorney / Lawyer Karel Frielink discusses legal issues relating to Aruba and the Netherlands Antilles (Curacao, Bonaire, St. Maarten, Saba and St. Eustatia).
By Karel Frielink

Post Frequency: 1/day

Last Entry: November 02, 2020 at 12:06:26

ANNEMARIJKE BACH KOLLING EN MAIKE BERGERVOET BENOEMD TOT PARTNER BIJ SPIGTHOFF CURACAO

Posted on July 01, 2010
Spigthoff verheugd met partnerbenoemingen Per 1 juli 2010 zijn de advocaten mr Annemarijke Bach Kolling en mr Maike Bergervoet benoemd tot partner bij Spigthoff Advocaten & Belastingadviseurs te Curaçao. We are pleased to inform you that effective July 1st, 2010 Spigthoff has named Annemarijke Bach Kolling and Maike Bergervoet partner of the firm...

PREMATURE TERMINATION OF A FIXED TERM EMPLOYMENT CONTRACT

Posted on June 29, 2010
Take care! If parties have agreed upon a fixed term employment contract and the employee wishes to resign before the term of the contract has expired, may the employee terminate his employment contract prematurely? Article 7A:1615e, paragraph 3 Civil Code of the Netherlands Antilles stipulates that an employment contract for a fixed term may only be [...

DUTCH CARIBBEAN LABOR LAW

Posted on June 22, 2010
More complex than you think! Experience teaches us that it is often difficult for employers to deal with the often complex labor law legislation of the Netherlands Antilles in a practical manner. The legislation is not combined in one law or ordinance, but to complicate matters, it is spread out over the Civil Code (Book 7a), [...

THE MANAGING DIRECTOR OF A DUTCH CARIBBEAN NV OR BV

Posted on June 15, 2010
A somewhat unique figure The Managing Director (bestuurder) under the articles of incorporation of an NV or BV is a somewhat unique figure in Netherlands Antilles labor law due to the fact that he enjoys considerably less protection from a labor law perspective than a regular employee...

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THE NETHERLANDS ANTILLES PRIVATE FOUNDATION IN INTERNATIONAL PRIVACY AND ASSET PROTECTION STRUCTURES

Posted on June 10, 2010
Article published in Trusts & Trustees (Oxford Journals) Trusts & Trustees is the leading international journal on trust law and practice. The most significant source of information in its field, the journal is essential for all trusts practitioners and lawyers...

SEE YOU IN COURT?

Posted on June 04, 2010
Arbitration as an alternative for settling disputes in Curacao Enterprises with a legal dispute can turn to the courts; however, instead of litigating in court, they can also opt for arbitration. Arbitration is a form of private dispute settlement in which the parties instruct one or more people (arbitrators) to render a binding decision on their [...

CELEBRATING THE 5TH ANNIVERSARY OF THIS WEBLOG

Posted on May 31, 2010
A cartoon has been drawn by Mike Flanagan for the 5th anniversary of the launch of Karel?s Legal Blog June 1st, 2010 marks the 5th anniversary of my legal blog. This is an important milestone for me. Back in May 2005 I only had a rough idea about blogging and what it would take to create a [...

COMMENCING PROCEEDINGS AGAINST MULTIPLE DEFENDANTS IN THE DUTCH CARIBBEAN

Posted on May 28, 2010
Non-residents can be sued A general rule under the Netherlands Antilles code of civil procedure is that the Curacao court (or another court in the Dutch Caribbean as the case may be) has jurisdiction over defendants which are (in this example) Curacao residents or companies with an office in Curacao...

CARIBBEAN KIDS NEWS WINS KNN AWARD 2010

Posted on May 24, 2010
Item about fire trucks (click here) The kids news in the Netherlands Antilles and Aruba has won the ?KNN Award? during the annual summit of the eight Kids News Network programmes. The award is a yearly professional prize for the best report of the network (see FreeVoice news item)...

PRE-TRIAL MOTIONS IN ARUBA

Posted on May 22, 2010
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...

THE NEW SURINAM NV

Posted on May 15, 2010
An introduction to draft legislation The law of the Republic of Surinam is in full swing. The Surinam government on a continuing basis is striving to introduce legislation in order to enhance its ability to attract quality business. A recent example is a whole new Civil Code, to become effective in 2010 or 2011 at the [...

INADEQUATE CAPITALIZATION OF AN ARUBAN COMPANY

Posted on May 07, 2010
Liability for thin-capitalization? In terms of ?piercing the corporate veil?, thin or inadequate capitalization usually means capitalization that is not in proportion to the nature of the risks the business of the corporation necessarily entails; in other words it is based on likely economic needs rather than legal requirements...

SUPERVISION OF TRUST COMPANIES IN THE DUTCH CARIBBEAN

Posted on May 01, 2010
Trust companies render management services The supervision of trust companies is dealt with in the National Ordinance on the Supervision of Trust Service Providers 2003 (?Landsverordening toezicht trustwezen?, the ?NOST?). Supervision of trust companies (a...

VACATURES SPIGTHOFF CURACAO

Posted on April 30, 2010
Spigthoff Curacao heeft vacatures voor advocaten met zo?n 3 tot 5 jaar ervaring in corporate / commercial / finance: ervaren en breed inzetbare advocaten in staat om te procederen, te adviseren en transacties te begeleiden uitmuntende beheersing van de Nederlandse en Engelse taal, zowel in woord als geschrift in staat om zelfstandig te werken nastreven van topkwaliteit netwerker Geïnteresseerden kunnen contact opnemen met Veronika [...

LAW FIRM MARKETING AND THE INTERNET

Posted on April 24, 2010
Blog posts reinforce your expertise and reputation I found this article on CNN’s website: ?How can small companies make money from social media??, and it made me start thinking about whether social media is a business for law firms. I joined LinkedIn and Ecademy back in 2004...

THE THREE STAGES OF LEGAL PROCEEDINGS IN THE DUTCH CARIBBEAN

Posted on April 17, 2010
General observations regarding adversarial proceedings All adversarial proceedings in the Dutch Caribbean shall be initiated by means of a petition to the Court of First Instance of the Netherlands Antilles or Aruba. Claims will be denied or rejected (afgewezen) by the Court if ruled that they are unfounded...

LECTURE ON GOOD CORPORATE GOVERNANCE IN CURACAO

Posted on April 15, 2010
Corporate Governance Adviser must be a strong and independent watchdog over the executive also On April 13, 2010 a seminar on Good Corporate Governance with respect to Curacao-owned enterprises and foundations was held in Curacao, and organized by Certa Legal...

ORDINARY ADVERSARIAL VERSUS SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN

Posted on April 10, 2010
The court only considers the key issues According to Article 110 and 111 of the Netherlands Antilles Code of Civil Proceedings (NACCP), all adversarial proceedings shall be initiated by means of a petition to the Court of First Instance. Proceedings so initiated are ordinary proceedings, unless the petitioner expressly opts for preliminary relief proceedings (kort geding) [...

OBITER DICTUM OR NOT?

Posted on March 27, 2010
Litigating twice on the same matter is not allowed The Netherlands Antilles Code of Civil Procedure prevents parties from litigating twice on the same legal issue. The principle that a final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action is known as ?res judicata?...

DUTCH CARIBBEAN LITIGATION AND THE ESTABLISHMENT OF FACTS

Posted on March 23, 2010
Failing to contest may make a fact true Facts play an important role in civil litigation. Facts are established by the Court in First Instance of the Netherlands Antilles or Aruba and by the Joint Court of Appeal of the Netherlands Antilles and Aruba, not by the Supreme Court...

CHAMBERS GLOBAL 2010 LAUNCHED

Posted on March 16, 2010
All-new law firm rankings The Chambers Global 2010 was launched at the end of February 2010. You will find the all-new rankings and editorial on their website – www.chambersandpartners.com. The Chambers Global focuses on firms and lawyers who have truly international practices...

PREJUDICED INTERESTS OF MINORITY SHAREHOLDERS IN THE NETHERLANDS ANTILLES

Posted on March 13, 2010
They may force the company to take-over their shares Article 2:251(1) of the Netherlands Antilles Civil Code reads as follows: ?A shareholder of registered shares, whose rights or interests are prejudiced to such an extent, by the conduct of the company or one or more co-shareholders, that a continuation of his shareholding cannot reasonably be required of [...

AANSPRAKELIJKHEID OVERHEID ALS AANDEELHOUDER

Posted on March 02, 2010
Symposium 26 februari 2010 Op vrijdag 26 februari 2010 vond het symposium ‘Overheid en aansprakelijkheid‘ plaats. Het symposium was georganiseerd door het Centrum voor Postacademisch Juridisch Onderwijs van de Radboud Universiteit Nijmegen in samenwerking met de Universiteit van de Nederlandse Antillen...

PIERCING THE CORPORATE VEIL IN ARUBA

Posted on February 27, 2010
Ignoring the legal personality of a company A shareholder is not personally liable for acts performed in the name of the company and is not liable to contribute to losses of the company in excess of the amount which he must pay to the company as contribution for his shares...

ORDINARY VERSUS SUMMARY PROCEEDINGS IN ARUBA

Posted on February 20, 2010
Interlocutory or summary proceedings provide for immediate relief Article 110 of the Netherlands Antilles and Aruba Code of Civil Procedure (?the Code?) provides that all adversarial proceedings shall be initiated by means of a petition to the court of first instance...

SPIGTHOFF CURACAO ANNOUNCES OFFICIAL LAUNCH OF ITS WEBSITE

Posted on February 16, 2010
www.spigthoffcuracao.com Today was the official launch of the new website for Spigthoff Attorneys at Law and Tax Advisers Curacao. Spigthoff Curacao is a well-established commercial and full service law firm. The success of a law firm is not measured by its age or size, nor by just words...

THREE QUESTIONS ON ARUBAN BANKRUPTCY LAWS

Posted on February 13, 2010
FAQ Question 1 In which cases and by whom may bankruptcy proceedings be initiated in accordance with Aruban bankruptcy law? Filing for bankruptcy may be done either by the debtor itself or by one or more of its creditors. If the debtor is a company, generally speaking the managing directors do not have the authority to petition for [...

ARUBAN LAW REGARDING CORPORATE AUTHORITY

Posted on February 06, 2010
The Aruba Trade Register should be checked The laws of Aruba provide that, subject to restrictions laid down by any statutory provision or a corporation?s articles of association, the board of directors of a company shall be competent to represent the company, i...

EUROPEAN COURT OF JUSTICE ON INSIDER DEALING

Posted on January 30, 2010
Market Abuse Directive defines insider dealing objectively The European Court of Justice, in its decision dated 23 December 2009 (Case C?45/08; Spector Photo Group NV and Chris Van Raemdonck versus Commissie voor het Bank-, Financie- en Assurantiewezen (CBFA)), has clarified the elements of insider dealing following a request from the Court of Appeal of Brussels...

PLC CROSS BORDER LAW FIRM RECOMMENDATIONS 2010

Posted on January 25, 2010
Netherlands Antilles According to PLC Cross Border (Which lawyer?), Spigthoff Attorneys & Tax Advisers is one of two firms dominating the Netherlands Antilles market for international work, both on- and offshore. Spigthoff ranks high in corporate / M&A and dispute resolution...

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