DOMINICAN REPUBLIC Law and Practice Contributed by: John Seibel, Fernando Henríquez, Patricio Silvestre, Cerjossy Tapia, Yeison Henríquez and Banahí Márquez, Seibel Henríquez
Interim Payment Mechanism However, if an obligation is not disputed, a creditor may obtain an interim payment ( provisión ) through a summary proceeding. 7. Mass Claims and Class Actions 7.1 Procedural Mechanisms Joinder and Consolidation of Claims The Dominican Republic does not have a traditional “class action” system for ordinary commercial liti- gation. The closest mechanism is joinder of parties (litisconsorcio), which allows multiple plaintiffs with connected claims to join a single lawsuit. However, each plaintiff must be individually identified and can- not proceed as a representative of an unidentified or diffuse group. Collective Rights Protection For disputes involving collective or diffuse rights ‒ such as environmental protection or consumer protec- tion ‒ the Collective Amparo under Law 137-11 (Code on Injunction and Protection of Constitutional and Fundamental Rights) serves as the primary vehicle. This mechanism specifically addresses the protection of interests that affect entire communities or groups In collective amparo proceedings, standing is granted to affected individuals, NGOs dedicated to protecting the specific interest at stake, and the Ombudsman ( Defensor del Pueblo ). For consumer-related disputes, the Consumer Protection Agency and registered consumer associations also have standing to initiate actions on behalf of affected groups. 7.3 Relief Available Remedies and Damages Calculation Because there is no regulated class action system in Dominican jurisdiction, there is no unified framework for class-wide relief. Affected parties seeking mon- etary compensation for mass claims must instead apply individually to the ordinary civil courts, typically through civil joinder (litisconsorcio) of multiple plain- tiffs. rather than individual claims. 7.2 Standing Requirements Standing to Bring Collective Actions
Principles of Damage Assessment Dominican civil liability is governed by the principle of full reparation. Each claimant must individually prove fault, actual harm, and causation. Damages are not calculated on an aggregate or class-wide basis; com- pensation is strictly limited to the actual harm suffered and proven by each individual victim. Dominican law does not recognise punitive damages or exemplary awards. 7.4 Class Actions, Mass Claims and Arbitration Collective Claims in Arbitration Class arbitration is not recognised under Law No 489- 08 (Commercial Arbitration Law). Dominican arbitra- tion is strictly consensual and requires an express agreement between identified parties. There is no legal framework permitting the consolidation of claims from non-signatories or claims brought by unidentified or diffuse classes within an arbitral forum. 7.5 Trends Emerging Developments The most significant trend is the increasing use of collective amparo for environmental and urban plan- ning disputes, which have generated substantial case law expanding the scope of diffuse rights protection. The national consumer protection authority has also become more proactive, challenging unfair contract terms and imposing administrative fines for wide- spread consumer rights violations. At present, there is no legislative movement towards adopting a US or EU style class action system for civil damages recovery.
8. Evidence 8.1 Disclosure Approach to Document Disclosure
The Dominican Republic does not have a general regime for pre-trial document discovery. Instead, each party must produce evidence supporting its claims during the instructional phase of the proceedings. The production of documents follows the timelines established by the court under Law No 834 of 1978 (Articles 49–52). However, the court may order the forcible delivery of documents held by the opposing
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