Legal Blog

Monday, May 13, 2013

Litigation is a skilled profession (part 7)

Apart from seizures it is also possible to consider an application for interim injunctive relief (voorlopige voorziening). The Judge for Interim Relief can render so-called provisional relief, for instance order a building freeze or order the counterparty to pay an advance on the compensation. Such a provision is called provisional because it is a measure in the interests of maintaining order to which the court dealing with the principal case is not bound. So it may well be the case that the provisional judgment of the Judge for Interim Relief differs fundamentally from the judgment of the court dealing with the merits of the case. Therefore there can be risks involved in the enforcement of an interim injunction order.

Apart from the Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering), relevant rules are also laid down elsewhere. In this connection I will only mention the Process Regulations of the Court of First Instance in Curacao (procesreglement). They prescribe all kinds of practical rules. Non-compliance with these rules may result in the legal proceedings terminating prematurely, or in a judgment that is negative for the plaintiff or the defendant. Complying with all these rules accurately and within due time makes it necessary to have the assistance of an expert in most cases.

Moreover, note that there are references now and then to international conventions (internationale verdragen). Such conventions come in almost every type and size. Some conventions relate to the jurisdiction of courts. Other conventions deal with applicable law. Yet again, other conventions involve legal assistance in international cases or the enforcement of (international) arbitration awards or judgments of the civil courts. There are criteria in the European Convention on Human Rights of what the requirements for fair legal action are, for instance the requirement of hearing the arguments of both sides. It sometimes looks like a jungle of rules and standards. In addition, those rules are not always very clear either. (To be continued)

Filed under: Dispute Resolution by Karel Frielink.



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