The Courts
The Courts of the Netherlands Antilles are divided into the following:

1. 2. 3.

Court of first instance; The Communal Court of Appeals of the Netherlands Antilles and Aruba; The Supreme Court of the Kingdom of the Netherlands

One judge, who is also part of the Communal Court of Appeals, forms the Court of first instance. In the Court of Appeals three judges adjudicate a case. It should be noted that our legal system does not have a jury-system (this applies to both civil and criminal proceedings). Only judges can issue rulings and verdicts

Location of the Courts
The Courthouses of the Netherlands Antilles are located in Bonaire, Curaçao, St Maarten, Saba, St Eustatius and Aruba. The Communal Court of Appeals has its seat in Aruba, Curaçao and St. Maarten. The Supreme Court is located in The Hague, the Netherlands.

Explanation of a Civil Law Suit
A plaintiff files a lawsuit with the Court of first instance by filing a petition. After the petition has been registered, the Court will determine the date at which the defendant is able to respond. The defendant is able to answer in writing, however can also answer the case verbally in Court. Then both parties have the opportunity to react one more time in writing. This is generally the last procedural document that is exchanged prior to the Court adjudicating. The Court can also hear witnesses and experts on the request of any party. The party who loses is summoned to pay for a majority of the costs incurred.

Enforceability of Verdicts
The verdicts of the Courts of the Netherlands Antilles and Aruba are enforceable in all parts of the Kingdom of the Netherlands (also in the Netherlands!) and in all countries with which the Kingdom has a relevant treaty. Verdicts that have been given by foreign courts cannot be enforced in the Netherlands Antilles and Aruba.
If you would like to have any additional information, please contact us

[1] Daniel D. Zahavi was admitted to the Bar in Amsterdam, the Netherlands in April 1996 and to the Bar in the Netherlands Antilles and Aruba in October 2000. Currently Daniel D. Zahavi is a partner at ZL Attorneys at Law.