DOMINICAN REPUBLIC Law and Practice Contributed by: John Seibel, Fernando Henríquez, Patricio Silvestre, Cerjossy Tapia, Yeison Henríquez and Banahí Márquez, Seibel Henríquez
Summary Proceedings (Référé) Summary proceedings allow a judge to grant provi- sional measures in situations involving urgency and imminent harm. The petitioner must demonstrate that, without immediate relief, irreparable damage will occur before the case can be fully adjudicated. These provi- sional measures cannot conflict with the ultimate mer- its of the case or prejudge the final outcome. Common examples include orders requiring a party to maintain the status quo, continuing service provision when a contract is in dispute, or enjoining a party from taking actions that would harm the petitioner’s property or rights. Courts grant these measures relatively regularly when the urgency and harm requirements are met, though the bar for demonstrating “imminent harm” is not insignificant in practice. Conservatory Measures Creditors may also pursue conservatory measures ‒ interim protective steps taken without requiring advance court authorisation. These measures are available when the creditor holds specific and cred- ible legal titles supporting the claim. Conservatory measures allow the creditor to freeze bank accounts, attach movable assets, or seize real estate belonging to the debtor. However, such self-help measures must be validated by a court within a specified period to remain enforceable. If court validation is not obtained within the prescribed timeframe, the measures lapse and must be reversed. 2.7 Final Relief Overview of Final Relief Courts in the Dominican Republic have broad author- ity under the Civil Code and Civil Procedure Code to grant various forms of final relief in commercial dis- putes. The remedy awarded depends on the nature of the breach and the restoration sought by the claimant. Monetary Damages The most common remedy is monetary damages for breach of contract or civil liability. These damages include compensation for direct and documented losses the claimant has suffered, as well as loss of profits when such losses are reasonably foreseeable. The court has discretion in calculating damages and may consider expert evidence (particularly accounting expertise) to help determine the amount, though the
ceedings could take another year before a definitive ruling is obtained. 2.5 Confidentiality Public Proceedings as the Default Rule Court proceedings in the Dominican Republic are generally open to the public, including all evidence presented and testimony given by witnesses. This transparency also extends to virtual or remote hear- ings ‒ the general public may typically access hearing links to observe proceedings remotely. The openness of judicial proceedings supports the principle of judi- cial accountability and public confidence in the courts. Exceptions to Public Access Confidentiality protections apply in limited circum- stances. Family law disputes and proceedings involv- ing minors receive confidentiality protection, recognis- ing the sensitive nature of personal and child-related matters. These exceptions aim to protect the privacy and welfare of vulnerable parties, particularly children whose information might otherwise enter the public record. Confidentiality in Arbitration The Commercial Arbitration Law (Law No 489-08) establishes that all information disclosed and pro- ceedings conducted within arbitration are confiden- tial by default. The parties may agree to waive confi- dentiality, but absent such agreement, the arbitration process and its outcomes remain private. Many arbi- tration institutions impose additional confidentiality obligations through their procedural rules, and most commercial arbitration agreements include express confidentiality clauses. This contrasts sharply with court litigation and reflects the confidentiality expec- tations that parties typically have when selecting arbi- tration as their dispute resolution mechanism. 2.6 Interim Relief Types of Interim Relief Available The Dominican Republic provides several categories of interim relief under its procedural legislation. These remedies are frequently sought by litigants, though their effectiveness varies depending on the circum- stances and the strength of the underlying case.
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