Legal recourse for casino equipment lessors under Aruba law

Aruba law allows lessors of equipment such as casino/gaming equipment to place a court ordered attachment on equipment they have leased to defaulting casino operators. Such an order can be obtained  based on a prima facie claim. In case of gaming equipment it can be sufficient to show that the casino operator is in default of payment lease terms a/o that the lessor of the equipment has terminated the lease under the applicable laws of the lease agreement. Such an attachment can be part of a strategy geared towards collection of the outstanding amounts a/o repossession of the equipment.

The courts of Aruba in principle will uphold the choice of law made in the equipment lease agreement. Subsequent to the attachment further civil action is required within terms set by the court order to perfect the attachment and to obtain a ruling awarding the return of the equipment a/o the amounts owed under the lease. In a recent decision the courts of Aruba upheld the attachment placed on an commercial aircraft whose operator had been in default. The same principles that apply to the aircraft attachment will apply in case of gaming equipment.