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Practice areas

Litigation and arbitration in the Dominican Republic

We represent companies, insurers and investors before the civil, commercial and administrative courts of the Republic and in domestic and international arbitration, including the enforcement in the country of judgments and awards rendered abroad.

Civil and commercial litigation

The Dominican judicial system follows the civil law tradition, with written proceedings governed by the Code of Civil Procedure and a structure of justices of the peace, courts of first instance, courts of appeal and the Supreme Court of Justice, plus the Constitutional Court and the administrative jurisdiction. Litigating successfully requires knowing the deadlines, the formalities of alguacil service and the case law of the high courts, and knowing when a conservatory measure serves better than a claim on the merits.

Our team litigates contracts, civil liability, debt collection, shareholder disputes, insurance and surety, and real estate disputes. A large part of our clientele consists of foreign companies that need a Dominican lawyer able to explain the process in English to their legal department and coordinate with their home counsel.

  • Claims and defenses before courts of first instance and courts of appeal
  • Conservatory measures: attachments, provisional judicial mortgages, sequestrations
  • Cassation appeals before the Supreme Court of Justice and actions before the Constitutional Court
  • Administrative and tax litigation against the State and its agencies
  • Insurance and surety litigation: coverage, subrogation and claims against sureties
  • Disputes among partners and shareholders, and liability actions against directors
  • Exequatur and enforcement of foreign judgments
  • Recognition and enforcement of arbitral awards under the New York Convention and Law 489-08

Commercial arbitration

Law 489-08 on Commercial Arbitration adopted the UNCITRAL model and made the Dominican Republic a reliable seat. The Center for Alternative Dispute Resolution of the Santo Domingo Chamber of Commerce administers institutional arbitrations, and parties may agree to ad hoc arbitration or to international institutions such as the ICC or the ICDR. We act as party counsel in arbitrations seated in the country and abroad, draft arbitration clauses that actually work and enforce awards before Dominican courts.

Enforcing a foreign judgment in the Dominican Republic

A judgment from a court in the United States, Puerto Rico or Europe has no direct enforceable effect in the country. It requires exequatur: a proceeding before Dominican courts that verifies the jurisdiction of the rendering court, respect for due process, the absence of conflict with public policy and the finality of the decision, without retrying the merits. Arbitral awards enjoy a more favorable regime under the New York Convention. We prepare the file with the correct translation and legalization, obtain the exequatur and enforce against the debtor's assets.

Frequently asked questions

How long does civil litigation take in the Dominican Republic?
A first instance proceeding can take one to two years, and the appeal as long again. That is why we work with early conservatory measures and evaluate settlement or arbitration when it suits the client.
Can assets be attached before judgment?
Yes. A conservatory attachment and a provisional judicial mortgage allow the debtor's assets to be frozen with court authorization when there is a certain claim and danger in delay.
Is a foreign arbitral award enforceable in the Dominican Republic?
Yes. The Dominican Republic is a party to the 1958 New York Convention, and Law 489-08 sets out the recognition and enforcement procedure before the competent court, with limited grounds for refusal.

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