DOMINICAN REPUBLIC Trends and Developments Contributed by: John Seibel, Fernando Henríquez, Patricio Silvestre, Cerjossy Tapia, Yeison Henríquez and Banahí Márquez, Seibel Henríquez
Case law has also been a determining factor in this consolidation. Dominican courts have established that the grounds for denying the exequatur are limited, that the burden of proof rests on the party opposing recog- nition, and that neither the pendency of an annulment action in the seat of origin nor domestic procedural considerations can become obstacles to the enforce- ment of validly issued foreign arbitral awards. This favourable orientation provides considerable advan- tages and legal certainty for foreign investors. On this path of consolidation, the Dominican Republic would benefit from paying attention to the debates that currently engage the international arbitration com- munity concerning the simplification of procedures,
uniformity of annulment grounds, and the strengthen- ing of arbitral award autonomy against jurisdictional interference that is not supported by widely recog- nised international standards. The progressive spe- cialisation of judges in arbitration matters, the institu- tional strengthening of local arbitration centres, and a potential updating of Law 489-08 to incorporate the most recent trends in comparative arbitration law con- stitute the pillars upon which the country’s emergency as a regional arbitration powerhouse must be built. The framework exists and the culture is evolving; the challenge is ensuring that its potential is fully realised through co-ordinated efforts by government authori- ties, the judicial branch and local private practitioners.
171 CHAMBERS.COM
Powered by FlippingBook