Arbitration in the Dutch Caribbean

25/04/2025

Our attorney Sebastiaan Barten has contributed a chapter on arbitration in the Dutch Caribbean in the book “Arbitration in the Netherlands: in particular NAI Arbitration“, edited by C.J.M. Klaassen, G.J. Meijer, T. de Boer and C.L. Schleijpen and published by Wolters Kluwer in March 2025.

The book is a collection of articles written by esteemed academics and arbitration practitioners in the Netherlands and abroad, published to mark the 75th anniversary of the Netherlands Arbitration Institute.

The Dutch Caribbean — comprising Aruba, Curaçao, Sint Maarten, and the BES islands — has maintained its own civil law regime, separate from the European Netherland. The region holds significant potential as an international arbitration hub due to its reputable judiciary, multilingual legal environment, and strategic geographic location. The Netherlands Arbitration Institute (NAI) facilitates arbitration in the Dutch Caribbean and its 2024 Rules are adaptable to the region’s legal framework.

A notable distinction is the Dutch Caribbean’s full adoption of the UNCITRAL Model Law on International Commercial Arbitration, unlike the European Netherlands. This reflects an ambition to attract international arbitration, though it has introduced challenges such as ambiguity in transitional provisions and limited statutory guidance on issues outside the Model Law’s scope.