International Commercial Arbitration at Dominican Republic
Here’s a concise overview of International Commercial Arbitration in the Dominican Republic:
International Commercial Arbitration in the Dominican Republic
Legal Framework
Arbitration in the Dominican Republic is primarily governed by Law No. 489-08 on Arbitration and Alternative Dispute Resolution (ADR), enacted in 2008.
This law is largely influenced by the UNCITRAL Model Law on International Commercial Arbitration, providing a modern and internationally aligned arbitration framework.
The Dominican Republic is also a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, facilitating the enforcement of arbitral awards both domestically and internationally.
Key Features
Scope of Arbitration
Applicable to commercial disputes, including both domestic and international contracts.
Parties have autonomy to agree on arbitration for dispute resolution.
Arbitration Agreement
Must be in writing.
The agreement can specify institutional or ad hoc arbitration.
Seat of Arbitration
Parties can choose the arbitration seat (the legal jurisdiction governing procedural aspects).
Dominican courts generally respect the parties’ choice of seat.
Arbitral Tribunal
Parties select arbitrators freely.
If parties fail to agree, appointment can be made by the designated authority under the arbitration rules.
Court Intervention
Courts have limited intervention, primarily to support the arbitration process (e.g., appointment of arbitrators if parties fail to agree, enforcement of awards).
Courts can annul arbitral awards on limited grounds as stipulated by law.
Enforcement
Arbitral awards are final and binding.
Enforcement follows procedures under the New York Convention.
Dominican courts have a pro-arbitration stance, facilitating enforcement.
Arbitration Institutions
The Dominican Republic has established local arbitration centers, such as:
Centro de Arbitraje y Conciliación de la Cámara de Comercio y Producción de Santo Domingo (CAC-CCPSD)
Other regional or international institutions (ICC, UNCITRAL rules) are often chosen for international contracts.
Summary
The Dominican Republic provides a modern, internationally compliant arbitration framework.
Arbitration is widely accepted for resolving commercial disputes.
Strong enforcement regime backed by international treaties.
Suitable for both domestic and cross-border arbitration.
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