DOMINICAN REPUBLIC Law and Practice Contributed by: John Seibel, Fernando Henríquez, Patricio Silvestre, Cerjossy Tapia, Yeison Henríquez and Banahí Márquez, Seibel Henríquez
3.6 Length of Proceedings Typical Duration
merce Law (Law No 50-87), which are enforceable without exequatur. Additional Court Powers in Ad Hoc Arbitration In ad hoc arbitrations, courts possess additional pow- ers, including jurisdiction over challenges (recusation) to arbitrators, assistance in taking evidence, and other forms of judicial support as prescribed by law. 3.9 Court Intervention Narrow Grounds for Intervention Court intervention in arbitral proceedings is strictly cir- cumscribed and limited to circumstances expressly prescribed by law. Specific instances where courts may appropriately intervene include orders for pro- visional or conservatory measures, the appointment of arbitrators in cases of disagreement between the parties, and the review of applications to annul arbitral awards. Enforcement Facilitation Courts may also provide judicial assistance to facili- tate the enforcement of an arbitral award if procedural difficulties arise during execution. 3.10 Relief Standards for Awards The nature of relief available in arbitration depends on the arbitration’s legal framework. Arbitrations may proceed under law ( derecho ), in which arbitrators must apply the applicable substantive law, or under equity ( equidad ), in which arbitrators decide based on fairness and common sense. This distinction is the primary parameter governing the scope of an arbitral award. Powers of Arbitrators Arbitrators possess broad powers to resolve the dis- pute submitted to them. In exercising their authority, they may order the performance of contractual obli- gations, award monetary compensation or damages, order eviction or possession, and grant other relief necessary to resolve the parties’ dispute.
Dominican law does not prescribe a specific duration for arbitral proceedings. According to statistical data from the Arbitration and Alternative Conflict Resolu- tion Court of the Chamber of Commerce and Produc- tion of Santo Domingo, arbitrations initiated between 2020 and 2024 demonstrated the following timeline: 82% of cases were resolved within two years or less, while the remaining 18% took longer than two years. 3.7 Regulation of Arbitration Principal Governing Laws The Law on Chambers of Commerce (Law No 50-87), as amended, and the Commercial Arbitration Law (Law No 489-08) together form the principal statu- tory framework regulating arbitration in the Dominican Republic. Institutional Rules Chambers of Commerce and Production also adopt their own procedural rules applicable to arbitrations administered under their institutional framework. When parties establish an institutional arbitration agreement, they may select the applicable procedural rules; if they do not, the rules in effect at the time of the arbitration agreement’s execution govern the proceedings. 3.8 Court Powers Limited Court Involvement Ordinary courts exercise minimal supervisory author- ity over arbitral proceedings, reflecting the principle of party autonomy. Once a court becomes aware of a valid arbitration agreement, it must respect the par- ties’ choice and defer to arbitration ‒ a duty grounded in the competence-competence principle ( kompe- tenz - kompetenz ). However, before the arbitral tribu- nal is constituted, ordinary courts retain the power to order provisional (conservatory) measures to preserve Ordinary courts hold exclusive jurisdiction to grant exequatur recognition to foreign arbitral awards and to those domestic awards that, by law, require such recognition. Awards rendered under the Commercial Arbitration Law (Law No 489-08) fall into this category, unlike awards rendered under the Chamber of Com - assets or prevent imminent harm. Recognition and Exequatur Powers
157 CHAMBERS.COM
Powered by FlippingBook