How do you go about securing an advantageous jurisdiction or legal code for post-arbitral enforcement proceedings, if not specified in an existing contract?

If we are dealing with an international award, then it has to be domesticated and obtain the exequatur under the New York Convention. The process for the exequatur of an international award, must be filed and conducted before the national district court that sits in the capital, Santo Domingo... Read More

What is your best practice approach for ensuring arbitration clauses are to the real advantage of your client?

I usually try to understand the context of the negotiation and the type of contract that we are entering into, because that determines the type of arbitration clause I want to draft. In order to do this, you need to understand not only the complexities of the deal at hand, but also the nature of the parties. For instance, multinational companies subject, as most are, to codes of conduct are keen to comply with contracts, while individuals, or sole owners can be mavericks and often try to litigate on every minutia... Read More

A new era for commerce in the Caribbean: China-DR

The arrival of May set an historic landmark in the Caribbean with the announcement of the beginning of diplomatic relations between the Dominican Republic (the “DR”) and the People’s Republic of China (“China”). Although, on a trade sense both countries have been partners for a while (the products imported from China... Read More

Towards the correct interpretation, the just application or the simple elimination, of article 11 of law 173-66, governing relationships among foreign companies and their local distributors

Law No. 173 dated April 6, 1966 is a public order statute that governs relationships between foreign companies (usually referred as licensors or grantors) and their local counterparts (acting either as agents, distributors, representatives, importers, etc.) By establishing that its regulations are of public... Read More