DOMINICAN REPUBLIC Law and Practice Contributed by: John Seibel, Fernando Henríquez, Patricio Silvestre, Cerjossy Tapia, Yeison Henríquez and Banahí Márquez, Seibel Henríquez
Legislative Developments Legislative discussions and policy initiatives have explored creating a regulatory framework for AI gen- erally, but these efforts have not yet resulted in binding legislation applicable to dispute resolution. This area remains largely unregulated. 10.2 Impact Current Use by Legal Professionals AI in Dominican dispute resolution remains limited; itis primarily used by legal professionals rather than by the courts themselves. Lawyers increasingly utilise AI-based technologies to assist with legal research, document review, contract analysis, and litigation strategy. Judicial Digitalisation The judiciary has focused on digital transformation initiatives rather than AI integration. These include electronic filing systems, virtual hearings, and digi- tal case management platforms designed to improve efficiency and accessibility. While not strictly AI-driv- en, these systems provide a foundation for potential future AI integration. Preservation of Human Authority Decision-making authority continues to rest entirely with human judges, arbitrators, and mediators. AI cur- rently functions only as a support tool without any role in adjudication. 10.3 Future Current Judicial Approach Dominican courts have not broadly adopted AI for adjudication or decision-making. The judiciary has instead prioritised digital transformation initiatives, including electronic filing systems, virtual hearings, and digital case management platforms to improve efficiency and accessibility. Emerging Interest Although AI has not yet been formally integrated into judicial decision-making, there is increasing interest in exploring its potential use for administrative and analytical functions, such as legal research, document classification, and case management.
and enforcement of the foreign judgment or arbitral award. Execution Phase Actual execution (such as seizures and asset liquida- tion) often takes substantially longer. Delays frequently arise if the debtor raises procedural incidents or if the debtor’s assets are difficult to locate and liquidate. 9.4 Grounds for Resisting Enforcement Exhaustive List of Grounds The grounds for resisting enforcement are exhaustive and fixed by law; the merits of the underlying dispute cannot be re-litigated during enforcement proceed- ings. Foreign Judgments Resistance is primarily based on failure to meet the statutory requirements of Law No 544-14. Key grounds include lack of jurisdiction of the foreign court, viola- tion of due process rights (particularly improper ser- vice to the defendant), and conflict with Dominican public policy. The judgment must also be final and binding under the laws of the country of origin. Arbitral Awards Grounds for refusal align strictly with Article V of the New York Convention and Law No 489-08. These include invalidity of the arbitration agreement, breach of the right to a defence (due to lack of proper notice or inability to present a case), and claims that the award deals with a dispute falling outside the scope of the submission to arbitration. Procedural defects in the arbitral process are also recognised grounds for refusal.
10. Dispute Resolution and AI 10.1 Regulation Absence of Specific Regulation
The Dominican Republic does not currently have a comprehensive statutory framework regulating the use of AI in dispute resolution. Neither the courts nor alternative dispute resolution institutions operate under specific AI governance rules.
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