DOMINICAN REPUBLIC Law and Practice Contributed by: John Seibel, Fernando Henríquez, Patricio Silvestre, Cerjossy Tapia, Yeison Henríquez and Banahí Márquez, Seibel Henríquez
5.6 Assessment of Costs General Principle and Compensation
Tribunal Authority After Constitution Once the arbitral tribunal is constituted, it assumes full jurisdiction to modify or lift any court-ordered meas- ures. 6.3 Timing of Applications for Interim Relief Interim relief applications may be made at any time. Purely preservative measures are frequently sought before proceedings commence in order to secure assets. Summary proceedings can be initiated during active litigation or even during appeal stages to stay enforcement under specified circumstances. 6.4 Security for Costs No Requirement Currently, there is no legal mechanism in the Domini- can Republic permitting a litigant to require the oppos- ing party to provide financial guarantees (security) for potential legal and procedural costs. Such a require- ment is regarded as a barrier to the right of effective
The general rule in civil proceedings is that the losing party is ordered to pay all court costs. When both parties partially lose their respective claims, costs are offset. If the dispute concerns a matter statutorily exempt from costs, the court declares the case free of costs. Practical Application The main cost statute dates back to 1964, and its age has resulted in inconsistent application in practice despite periodic indexation and updating attempts. In current practice, this institution is underutilised, with each party typically bearing its own procedural expenses. The most significant mechanism for interim relief is the summary proceeding ( réferé ) under Law No 834 of 1978. This allows judges to issue urgent provisional measures to prevent imminent harm or end manifest illegality without prejudging the merits of the case. Common Measures Other widely used interim relief measures include attachment of movable assets ( embargo conserva- torio ) to freeze property and garnishment ( embargo retentivo ) to freeze funds held by third parties, such as banks. 6.2 Interim Relief to Support Arbitration and ADR Court Powers Before Constitution of the Tribunal Under Article 13 of the Commercial Arbitration Law (Law No 489-08), an arbitration agreement does not prevent a party from seeking provisional measures from a court. This power is particularly important before the arbitral tribunal is constituted. If a court grants such relief before arbitration begins, the appli- cant must file their arbitral claim within 60 days. 6. Interim Remedies 6.1 Availability of Interim Relief Principal Mechanism
access to justice. Historical Position
Historically, the fianza judicatum solvi (security for costs) was applicable in Dominican practice. Howev- er, the Constitutional Court declared this requirement unconstitutional in its landmark decision TC/0281/19.
6.5 Interim Injunctions Availability and Procedure
Parties may apply for interim injunctions through sum- mary proceedings. Judges have authority to issue orders compelling parties to act or refrain from acting ‒ for example, to halt construction or suspend corpo- rate meetings ‒ in order to prevent imminent damage. Conditions for Grant The applicant must demonstrate urgency and that the measure does not require a thorough analysis of the merits, which is reserved for the trial judge. 6.6 Summary Judgment No Direct Equivalent The Dominican civil law system does not have a direct equivalent to common law summary judgment. All claims must generally proceed through a full eviden- tiary phase.
160 CHAMBERS.COM
Powered by FlippingBook