COMMENCING PROCEEDINGS AGAINST MULTIPLE DEFENDANTS IN THE DUTCH CARIBBEAN

May 31, 2010 6:55 AM

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.

In the case of multiple defendants, there is a general rule to the effect that if a Netherlands Antilles court has jurisdiction over one of the defendants (i.e., where the defendant has its corporate seat or domicile) it has jurisdiction over all defendants, including non-Netherlands Antilles residents or companies in cases regarding personal actions (actions with respect to the fulfillment of a personal obligation, claims arising from an agreement or the law) or movable property.

From a Netherlands Antilles law perspective, proceedings commenced in the Curacao court, can be served outside the jurisdiction on other defendants who are not resident in Curacao. Netherlands Antilles law provides for a specific stipulation on serving court papers on non-Netherlands Antilles residents.

Karel Frielink
Attorney (Lawyer) / Partner

28 May 2010