This Country Answer reflects the state of the law as of 18 July 2008. Please refer to the explanations in the chapter entitled Disclaimer and Preliminary Note.

A. The Contracting State and the New York Convention

1. Contracting State Country (also specify jurisdiction, if relevant)

Dominican Republic.

2. Date of entry into force of the New York Convention

10 July 2002.

(Source: Resolution No. 178-01, issued by the National Congress and enacted by the Executive Branch on 8 Nov. 2001.)

3. Has any reservation been made under Art. I(3) of the New York Convention regarding:

(a) reciprocity

No.

(b) commercial relationships

No.

B. National sources of law

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

No.

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

Dominican Republic Constitution; Convention on Private International Law (Bustamante Code), signed in La Habana on 20 Feb. 1928, approved by the National Congress on 15 Jan. 1992 and enacted on 20 Jan. 1992; Civil Code of the Dominican Republic; Civil Procedures Code of the Dominican Republic, modified by Laws 834 and 845 dated 15 July 1978); Resolution No. 178-01 approving the Convention on Recognition and Enforcement of Foreign Arbitral Awards signed in New York, enacted on 8 Nov. 2001.

Note: The Dominican Republic is also a signatory to the Inter-American Convention on International Commercial Arbitration between the Governments of the Member States of the Organization of American States (OAS), signed on 30 Jan. 1975. Ratification of the Convention is expected shortly.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

There are no legal provisions relating specifically to the limitation period applicable to the filing of legal proceedings for recognition and enforcement of foreign awards. However, according to Art. 2262 of the Dominican Civil Code, the limitation period for the commencement of an action to enforce a real or personal right is 20 years.

(Source: Civil Code, Art. 2262.)

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

The court of first instance of the appropriate jurisdiction/district in the Dominican Republic (see answer to Q.8 below).

8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?

Domicile or assets of the respondent in the jurisdiction/district.

(Source: Civil Procedures Code, Art. 59.)

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

The Civil Procedures Code does not establish the procedure to be followed to obtain exequatur of an arbitral award. In practice, the courts have adopted the approach of requiring inter partes proceedings.

10.

(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

Yes.

(b) How many levels of appeal or recourse are available against this decision?

Two. (i) The first decision may be appealed to a court of appeal. (ii) An action to overturn the decision of the court of appeal (Recurso de Casación) may be brought in the Supreme Court.

11.

(a) What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?

Execution against assets may be obtained after the time limit for appealing or applying for the annulment of a decision granting recognition and enforcement has expired, or after recognition and enforcement is confirmed in appeal or annulment proceedings, i.e. once the decision granting recognition and enforcement is final.

12.

(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?

The arbitral award and the arbitration agreement are required. In addition, the court may require evidence of key facts such as the finality of the award, and the domicile or assets of the respondent in the jurisdiction.

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?

Entire documents are required.

(c) Are originals or duly certified copies required?

Either originals or duly certified copies are accepted.

(d) How many originals or duly certified copies are required?

One.

(e) Does the authority or court keep the originals that are filed?

Documents filed with the court may be retrieved by the parties who filed them once the case is concluded.

(Source: Law No. 821 of 1927, Judicial Organization of the Dominican Republic, Art. 88 et seq.)

13.

(a) Is it necessary to provide a translation of the documents supplied?

Yes, it is necessary to supply a translation of the documents provided into the official language of the Dominican Republic.

(b) If yes, into what language?

Spanish.

(Source: Law No. 5136, 24 July 1912.)

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?

Translations may be done by a registered Judicial Interpreter of the Dominican Republic, a sworn translator of the foreign country, or a translator of the Dominican Consulate in the foreign country. In all cases, translations must be duly signed and sealed by the interpreter in order to be legalized.

(Source: Law No. 5136, 24 July 1912.)

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?

Full translations are required.

14.

(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?

Dominican Republic law does not contain any provisions dealing specifically with this situation. In the exercise of its discretion, the court may decide to stay the proceedings in appropriate circumstances.

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

Same answer as for Q.14(a) above.

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

No. However, the court has discretion to order the provision of security in appropriate circumstances.

15.

(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

Yes. There exists no procedure to preserve the confidentiality of such documents.

(Source: Civil Procedure Code, Art. 87.)

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

Such hearings, like all hearings in inter partes proceedings, are open to the public. A duly reasoned request to close the proceedings to the public could in principle be made, but there is no precedent for such a request being granted.

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?

All judgements are public (i.e. any person may request a copy), but only judgments of the Supreme Court are actually published. A duly reasoned request to remove names or avoid publication of confidential information could in principle be made, but there is no precedent for such a request being granted.

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

If an interim or partial award is enforceable per se, i.e. according to the law of the country where it was made and irrespective of the fact that the proceedings may not have finished or an appeal may still be possible, it can be recognized and enforced in the Dominican Republic.

17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?

Recognition and enforcement of non-monetary relief is available in the same circumstances and on the same grounds as recognition and enforcement of monetary relief.

18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?

There is neither legislation nor precedent dealing with this question. In practice, it would be a matter for the court to decide at its discretion, on a case-by-case basis.

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?

Such awards will not be recognized and enforced in the Dominican Republic.

20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

There is an obligation to identify the assets that are the object of enforcement.

Note: The Judicatum Solvi, or obligation for a claimant to post a bond as a condition of commencing a legal action, still technically exists in the Dominican Republic notwithstanding that this is contrary to several multilateral conventions to which the Republic is signatory.

Country Rapporteur: Fabiola Medina Garnes.