DOMINICAN REPUBLIC Trends and Developments Contributed by: John Seibel, Fernando Henríquez, Patricio Silvestre, Cerjossy Tapia, Yeison Henríquez and Banahí Márquez, Seibel Henríquez
Domestic Legal Framework: Commercial Arbitration Law (Law No 489-08)
cedure, when the affected party has the right to file a single-instance appeal before the corresponding Court of Appeal. This direct action appeal challenges the recognition of the award, in accordance with Arti- cle 44 of Law 489-08. The effectiveness of the process depends entirely on compliance with the documentary requirements established in the applicable conventions and domes- tic law. Failure to meet formalities is usually the main • original of the award or judgment properly apos- tilled or accompanied by a duly certified copy; • original of the arbitration agreement or arbitration clause demonstrating submission to the foreign arbitration forum; • official translation into Spanish by a certified Dominican judicial translator; and • proof of proper notification to the party against whom the decision is invoked in the original pro- ceeding. Grounds for Refusal and the International Public Policy Exception As already mentioned, the enforcement regime is not automatic, since the system provides defined but lim- ited defences to the party facing the effects of the foreign award. Article V of the New York Convention provides the exclusive grounds for refusing recogni- tion and enforcement, including issues related to the validity of the arbitration agreement or the violation of due process in the arbitration procedure that could be construed as violations of international public policy. To understand the real scope of the public policy exception in the Dominican context, it is necessary to distinguish between internal public policy and inter- national public policy. While the former comprises the imperative rules of domestic law that cannot be over- ridden by the parties’ agreement, the latter refers to a higher and more demanding standard that no state can allow to be breached within its territory. obstacle in the recognition phase. The indispensable requirements are: Consequently, when Dominican courts evaluate whether a foreign decision contradicts public policy,
The Commercial Arbitration Law (Law No 489-08) constitutes the domestic provision that integrates international principles into the local framework. This legislation ensures that procedural language is harmo- nised with global standards, eliminating information asymmetries for foreign litigants, particularly since it is based on the UNCITRAL Model Law. Article 8 enshrines the principle of minimal judicial intervention, which restricts the role of ordinary courts to strictly defined functions of support and control. This delineation of powers prevents undue interfer- ence in the arbitral proceedings and ensures that the judicial function is limited to facilitating enforcement or issuing precautionary measures, thereby preserv- ing the efficiency that is characteristic of international arbitration. The Exequatur Procedure: Jurisdiction and Formal Requirements Recognition of a foreign award is carried out through the exequatur procedure, which does not involve a review of merits of the arbitration. According to Arti- cle 9 of Law 489-08, functional jurisdiction resides in the Court of First Instance of the location where enforcement of the assets is sought. This allocation of jurisdiction seeks to ensure that the judge authorising the exequatur is the same judge authorised to execute measures of attachment on the debtor’s assets. In its first phase, the procedure is non-contentious, which means that the interested party submits its petition unilaterally, without any notification or sum- mons to the opposing party at this stage. The role of the judge is limited to verifying that the request is accompanied by the required documents and that it has been directed to the competent authority. It is important to note that the denial issued in this phase does not have the effect of res judicata, meaning that the petitioner may resubmit the application, after cor- recting the omission or irregularity that led to the initial rejection. The structure of this process does not entail an abdi- cation of the principle of contradiction, since this principle applies fully in the second phase of the pro-
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