DOMINICAN REPUBLIC Law and Practice Contributed by: John Seibel, Fernando Henríquez, Patricio Silvestre, Cerjossy Tapia, Yeison Henríquez and Banahí Márquez, Seibel Henríquez
that such assertions be made at a public, oral, and adversarial hearing, subject to cross-examination by the parties. 8.5 Expert Evidence Expert Evidence Expert evidence is admissible in Dominican proceed- ings. It is used when resolving a dispute requires specialised knowledge in a science, art, technique, or practice that the judge does not possess. In civil matters, expert evidence ( prueba pericial ) is expressly part of the hierarchical system of evidence, alongside documentary and testimonial proof. Appointment and Designation In criminal matters, during the preparatory phase, experts are designated by the Public Prosecutor unless the evidence is sought through an advance judicial examination. In all subsequent phases, they are appointed by the court upon a proposal from the parties. In civil and other matters, experts may be designated by agreement of the parties. If the parties do not propose experts or cannot agree, the judge or tribunal has the power to appoint them ex officio, generally by requesting lists from specialised profes- sional associations and selecting by lot. Duties and Standards Experts must be suitably qualified professionals and, where applicable, must hold a credential or licence qualifying them in the relevant field. Their work must be impartial, objective, and independent. Experts are obliged to accept the appointment, appear, and take an oath before delivering their report. The expert’s report must be properly reasoned, including the meth- ods used, results obtained, and clear conclusions. The expert must also appear at trial to be questioned and cross-examined by the parties and the court.
Arbitration Commission (IACAC). The Civil Chamber of the Court of First Instance has jurisdiction to grant exequatur. Scope of Court Review The court’s review is strictly procedural and does not allow re-examination of the merits of the case. The court verifies only whether the foreign court had jurisdiction over the matter, whether due process was respected (particularly regarding proper service to the defendant), and whether the judgment is final and binding under the laws of the country of origin. Public Policy Protection Exequatur will be refused if the judgment contravenes Dominican public policy. This remains the primary substantive ground for resisting enforcement at the recognition stage. 9.2 Enforcement of Arbitral Awards Domestic Awards Domestic arbitral awards issued under Law No 489-08 (Commercial Arbitration Law) are binding by law and do not require exequatur for enforcement. However, if the debtor resists execution, the award-holder may require court assistance for forced execution meas- ures. Foreign Awards Foreign arbitral awards require judicial exequatur before enforcement. This process is governed by Law No 489-08, the New York Convention, and the Inter-American Commercial Arbitration Commission (IACAC). Awards Under Alternative Regimes Awards issued under Law No 50-87 (Chamber of Commerce) do not require exequatur and are directly enforceable. This distinction between the two arbitra- tion regimes creates different enforcement pathways depending on the governing arbitration law.
9. Enforcement 9.1 Enforcement of Judgments Exequatur Procedure
9.3 Length of Time Timeline for Exequatur
Foreign judgments are recognised and enforced through an exequatur process governed by Law No 544-14 on Private International Law, the New York Convention, and the Inter-American Commercial
The exequatur phase typically takes between six to 12 months. This timeframe covers the court’s procedural review and decision on whether to grant recognition
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