Now that autumn is setting in in the Netherlands, it is a good time to look at the Caribbean part of the Kingdom where the sun is still shining.
The Caribbean part of the Kingdom – consisting of Aruba, Curaçao, Sint Maarten and the BES islands – has retained its own civil law system, separate from the European Netherlands. The region has considerable potential as an international arbitration centre due to its renowned judiciary, multilingual legal environment and strategic geographical location. The Netherlands Arbitration Institute (NAI) facilitates arbitration in the Dutch Caribbean, and the NAI Arbitration Rules 2024 can be applied with a place of arbitration in Curaçao.
Sebastiaan Barten (lawyer at Spigt Dutch Caribbean) wrote a chapter on arbitration in the Caribbean part of the Kingdom 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.
UNCITRAL Model Law applicable to Curaçao
The Dutch Caribbean — including Curaçao — has fully adopted the UNCITRAL Model Law on International Commercial Arbitration. This reflects the ambition to attract international arbitration. In concrete terms, this means that international commercial disputes in Curaçao can be dealt with legally under the tried and tested rules of the UNCITRAL Model Law, with standard provisions on the arbitration agreement, composition of the arbitral tribunal, procedural safeguards, provisions and the possibility of setting aside or enforcing awards.
NAI Arbitration Rules 2024 applicable in Curaçao
Since 2024, parties in Curaçao have been able to choose to refer to the NAI Arbitration Rules 2024 in their arbitration agreement, with, for example, Willemstad as the place of arbitration.
‘All disputes that may arise from this agreement or from further agreements that may result from it will be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The place of arbitration will be Willemstad.’
Barten argues that there is nothing to prevent parties from using the NAI Arbitration Rules 2024 in the Caribbean part of the Kingdom. He emphasises:
“Parties can combine the NAI rules with a place of arbitration in Curaçao, allowing them to benefit from the quality of NAI while the proceedings are legally embedded in Curaçao law.”
Now that there are no local arbitration institutes active on the Caribbean islands, NAI arbitration offers a good alternative, whereby parties remain assured of access to a reputable arbitration institute with in-house knowledge of Curaçao law.
The New York Convention
An important advantage here is that Curaçao is a party to the New York Convention (1958). This means that arbitral awards rendered in Curaçao can be recognised and enforced in many other countries.
Conclusion
For companies in Curaçao, choosing NAI arbitration is no longer a theoretical alternative — it is practically and legally possible. With the solid basis of the UNCITRAL Model Law in the Caribbean jurisdictions and the possibility of applying the NAI Arbitration Rules 2024 with a place of arbitration in Curaçao, Curaçao companies can confidently include NAI arbitration clauses in their contracts.
The book ‘Arbitration in the Netherlands: in particular NAI Arbitration’ can be ordered here.
