Law firm VanEps Kunneman VanDoorne

Government & Public Sector


Based on a constitution, a government has the authority to make and enforce rules, laws and regulations. The public sector, often referred to as the administration, is its “executive body”, dealing for example with the delivery of social security, urban planning and the organization of many other public services. Relations between the public and private sector are often interpreted in legal terms. Decision-making and other acts by administrative bodies are frequently disputed in court. Maybe this is even more so in the Caribbean because of the influence from the United States.

The Dutch constitutional organization is rather complicated. The Kingdom of the Netherlands currently consists of three countries (i.e. the Netherlands, Aruba and the five islands that comprise the Netherlands Antilles). Steps are being taken to dismantle the constitutional structure of the Netherlands Antilles per October 2010. Instead, two new countries will be formed: Curacao and St Maarten. The remaining islands of Bonaire, St Eustatius and Saba will become part of the Netherlands.

We are very experienced in working with and within governmental and other public sector organizations. We advise, assist in transactions and, if need be, are active in dispute resolution. We offer specific and detailed expertise not only in all areas of administrative law, such as zoning and environmental law, but also in contract law and government liability.

Our government and public sector team consists of specialists from across the firm, particularly those in the fields of corporate, financial, real estate and insurance law. They provide full-service assistance in matters relating to public-private partnerships (PPP), privatizations, procurement and proceedings involving various supervisory authorities. We also advise on issues regarding financial (regulatory) legislation. Our experience in working with the government gives us knowledge and understanding of procedures and the distribution of powers within governmental organizations. This combination of expertise and experience has given us an outstanding reputation in this market.

Recently we have assisted:
  • A state owned utility company against Island Government of Curacao in relation to tariffs of electricity and water
  • A state owned utility company on collective labor agreements
  • Aqualectra, the Curacao based power company, on a Power Purchase Agreement with NuCapital to expand windmill parks on Curacao
  • Aruba in dispute with the Kingdom of the Netherlands on the allocation of proceeds of the Marriott Aruba Hotel sale
  • Bonaire's public housing foundation FCB in all legal work
  • Curacao's state owned telephone company on bond issue
  • Government-owned communication company on Aruba on its financing
  • Island Government of Curacao as defendant in proceedings initiated by employees of state owned garbage company Selikor
  • Island Government of Curacao in negotiations with PDVSA, the Venezuelan state oil company, about the future of the Curacao refinery
  • Netherlands Antilles Government in litigation in relation to strike of prison personnel
  • The Aruba National Park and Nature Reserve in summary proceedings filed against the Park
  • The Kingdom of The Netherlands in extradition cases of nationals to the United States
  • The Netherlands Antilles Government in a case against hospitals claiming reimbursement for cost regarding uninsured patients
  • The Netherlands Antilles Government in Sint Maarten casino license litigation