Many modern organisations, regardless of size, own assets in multiple locations across the world. The advent of technology, together with accessible international markets, means dealing with clients across borders is easier than ever before... Read More

In the Dominican Republic, in general terms, asset freezing is a procedure that you have to undertake before a judge, usually the Chief Justice of the First Instance Court of the jurisdiction where the assets are placed... Read More

As far as the Dominican Republic goes, we are party to a convention called the Inter-American Convention on Execution of Preventive Measures.... Read More

Freezing assets on an individual basis, using a civil, commercial or labour code, is different than pursuing a criminal matter... Read More

An examination of most commercial contracts governing international agreements will reveal a clause dealing with alternative dispute resolution, specifically arbitrations. The oft-quoted advantages of arbitration, as opposed to litigation, usually revolve around control; in terms of privacy, timing, flexibility and cost... Read More

We always usually go to institutional arbitration using Chamber of Commerce Arbitration Forums. In the Dominican Republic, every province has a chamber of commerce but only a few have established an alternative dispute resolution centre with significant powers of alternate dispute resolution. The centres can administer arbitration and enforce awards.... Read More

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

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

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

As a general rule, companies enjoy what the law calls, legal personality, which, under a fiction of the law, provides the company with a distinct personality from its shareholders, management or Board. This way, when shareholders do set up a company... Read More

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

In today’s world, where new information and communication technologies (I.C.T.) are practically in each and every human activity, advertising plays a crucial role in any business development, both financially and reputational. Through advertising, companies do position their brands, attract clientele and... Read More