Private conflict resolution takes less than two years

He indicated that the entity will implement a new regulation on November 2nd in the country, which will contribute to strengthening the legal security of investors.

Arbitration and alternative dispute resolution methods are mechanisms that arise from the need to resolve disputes differently, especially in the business field, given the burden of ordinary courts, judicial delays, court congestion, and the needs of the business world.

Díaz Reyes explained that the General Secretariat of the Court of Arbitration is an independent body attached to the CCPSD, with a management team of 14 business-sector members, including lawyers, and is chaired by Ramón Ortega, who also directs the general body.

He explained that the business world has changed considerably in recent years and that the Court’s last arbitration regulations date back to 2011, so the new regulations incorporate other innovations in international practice, “at the same level as what is happening in the world.”

In addition, it aims to improve efficiency, transparency, and effectiveness in alternative dispute resolution methods, specifically arbitration.

Between 2015 and 2025, arbitrations administered by the Santo Domingo Court of Arbitration increased by 86%. 41% of these arbitrations were international.

He said that over the last 10 years, case handling has increased across various areas, especially manufacturing, telecommunications, trusts, the banking sector, the financial sector, construction, and disputes between individuals and legal entities and State entities.

“We start from the principle that all conflicts can be resolved through arbitration,” he stressed.

Since it’s a private matter, it has a cost, but the advantage is that it’s predictable because users can calculate the cost on the Chamber’s website based on the amount in dispute. Arbitrators and the Secretariat must be paid, which includes administrative and arbitration fees—compensation for the benefits of arbitration. The Secretariat handles cases related to condominium ownership, aiming to help apartment owners reach agreements through arbitration. It also handles non-payment cases, provided the parties have an interest in a resolution.

“In ordinary courts, you enter into litigation, and you don’t necessarily know when you’ll get out. In arbitration, there is a prediction,” he noted.

He gave the example that if a case is already in court, an arbitration tribunal cannot give public force to a decision, but arbitration can resolve the decision to order the eviction and return the amount paid.

There are two ways to resolve a conflict: before it arises, the contract can stipulate that any differences will be resolved through arbitration at the Santo Domingo Chamber of Commerce and Production, in its Arbitration Court. Alternatively, after a dispute arises, both parties can agree not to resort to the ordinary courts.

Currently, 42% of the cases known to the Chamber involve international disputes between companies or individuals.

Statistically, cases are resolved definitively in less than two years because one of the benefits of arbitration is that it is heard in a single and final instance, unlike ordinary justice, where it is possible to file an appeal, then a cassation appeal and reach the Supreme Court of Justice and then the Constitutional Court, he noted.

He indicated that an arbitration tribunal’s decision is final, with no appeal, and that the parties must comply with it as if it were a final judgment.

Then he added that most cases are resolved in less than two years, although some may take longer depending on the treatment they received from the lawyers during the process or if the process needed to be paused.

The Chamber has an official list of arbitrators from various specialties; in addition to lawyers, it includes civil engineers, economists, and technology specialists, and that is the advantage: they bring knowledge and experience.

He indicated that the panel resolving the controversy replaces the judge; therefore, the costs related to the court and the arbitration tribunal will depend on the dispute.

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New regulations

The regulations, which will come into force on November 2, 2026, incorporate greater digitalization of the arbitration procedure, the figure of the emergency arbitrator, among other new features.

A CCPSD document indicates that the objective is to meet businesses’ current needs and offer more agile, flexible procedures tailored to each dispute.