COMPLEX LITIGATION AND ARBITRATION
COMPLEX LITIGATION AND ARBITRATION
TERN COMAS represents businesses, investors, and private clients in complex civil, commercial, corporate, and real estate disputes in the Dominican Republic. Our practice combines experience in strategic litigation, commercial arbitration, and the resolution of disputes involving significant business, financial, and property interests.
We regularly advise and represent clients in contractual disputes, shareholder conflicts, asset-related claims, real estate disputes, arbitration proceedings, and court litigation. Our objective is to develop efficient legal strategies that protect our clients’ interests while effectively managing the legal and commercial risks associated with the dispute.
Our experience includes matters involving complex contracts, investments, business entities, real estate projects, asset recovery claims, and corporate disputes, always seeking effective solutions through negotiation, litigation, or arbitration.
SERVICES WE OFFER
Commercial Litigation
Representation in disputes arising from commercial contracts, breaches of contract, and business-related claims.
Commercial Arbitration
Representation in domestic and international arbitration proceedings involving commercial, corporate, and real estate matters.
Shareholder and Corporate Disputes
Advisory and representation in shareholder conflicts, challenges to corporate resolutions, management liability matters, and corporate governance disputes.
Real Estate Litigation
Representation in disputes involving property rights, registered rights, real estate developments, and purchase and sale agreements.
Asset and Wealth-Related Claims
Advisory and representation in disputes affecting assets, investments, and personal or business wealth.
Injunctive Relief and Interim Measures
Obtaining and defending provisional measures aimed at preserving rights and protecting assets pending resolution of a dispute.
Enforcement of Judgments and Arbitral Awards
Assistance with the enforcement of court judgments and arbitral awards, including recognition and execution proceedings.
Strategic Dispute Resolution
Development of negotiation, settlement, and dispute-management strategies aimed at reducing risk, cost, and litigation exposure.
FEATURED ARTICLES
Arbitration in the Dominican Republic: Practice, Risks, and Operational Reality
Arbitration has become an increasingly important dispute-resolution mechanism in commercial, corporate, and real estate matters in the Dominican Republic. However, its effectiveness depends largely on the quality of the arbitration clause and the procedural conduct of the parties. Although the Dominican legal framework is modern and arbitration-friendly, procedural incidents, challenges to arbitrators, annulment actions, costs, and institutional delays may significantly affect the outcome. Arbitration should therefore be understood as a sophisticated dispute-management tool requiring strategic planning and specialized experience.
Common Mistakes When Litigating Before the High Courts
A significant number of cassation and constitutional review appeals fail not because of the merits of the case, but because of procedural mistakes. This article examines the principal admissibility requirements applied by the Dominican Constitutional Court and Supreme Court of Justice, including filing deadlines, proper service of process, constitutional grounds for review, the selection of the correct procedural remedy, and the requirement that the challenged decision be final. The article concludes that strict compliance with these procedural rules is essential in order to obtain a review of the merits of a case.
The Dominican Cassation System after Law No. 2-23: Inadmissibility, Judicial Reasoning, and Effective Judicial Protection
Law No. 2-23 transformed cassation proceedings in the Dominican Republic by redefining cassation as a selective mechanism primarily aimed at promoting jurisprudential consistency rather than serving as a third level of review in litigation. Although the reform strengthened access filters through inadmissibility rules and the requirement of cassational interest, recent case law has balanced this restrictive approach by reinforcing the duty of courts to provide adequate reasoning and by recognizing that certain procedural defects, such as lack of reasoning, failure to rule on claims, or distortion of evidence, give rise to a presumed cassational interest. As a result, Dominican cassation is evolving into a model that combines selective review of appeals with greater protection of effective judicial protection, due process, and the quality of judicial decisions subject to review by the Supreme Court of Justice