DOMINICAN REPUBLIC: An Introduction to Dispute Resolution

Introduction 

The judicial system in the Dominican Republic is currently in good shape and improving its efficiency. Overall, it provides the legal certainty that guarantees foreign investment and business transactions. The judicial branch continues its work to increase the level of trust in the system and significantly reduce its backlog. The Judicial Council has the support of the European Union to carry out a project that aims to increase citizen confidence in the Dominican justice system.

Digitalisation 

Law 339-22 

Due to COVID-19, the Dominican courts were partially closed for several months in 2020 and, after their reopening, there were some challenges that demonstrated the need to modernise the process to hold hearings and digitise court files. Therefore, in 2022, Law 339-22 which regulates the use of digital media in the judicial process and administrative processes in the judicial system, was approved.

This law regulates:

• the use of digital signatures or qualified electronic signatures by the different actors in the judicial system for the validation of judicial or administrative documents;

• the possibility to hold virtual hearings with the prior consent of the parties involved in the dispute, in all matters except criminal cases;

• electronic access to judicial files;

• the possibility to receive notifications from the courts via email or a digital platform; and

• other transcendental procedures that may be carried out electronically as a result of the aforementioned legislation.

Pilot programme 

In November 2023 the judicial system successfully implemented a pilot programme for a digital platform for the judicial departments of La Vega and the National District. In its first 60 days, this platform registered 1,212 users. Through the platform, the courts can be accessed virtually 24 hours a day, seven days a week, from any device. It facilitates online procedures, notifications about cases and procedures, hearing management, and the consultation of digital documentation in a secure and easy-to-use environment.

Improved Efficiency and Access 

Reducing the backlog 

The current president of the Supreme Court of Justice (SCJ) has also taken firm steps to reduce the mora judicial (“judicial backlog”), on the basis that delayed justice is not justice. In his annual report, he provided some encouraging data about the reduction of delays in judicial proceedings, which constitutes a major improvement.

The SCJ has been leading by example and has significantly reduced the length of time of the judicial process before such court. The plan, known as “zero delays”, has been very successful as the time to issue decisions has been reduced from several years to approximately a year for the complete process before the SCJ. Other important courts, such as the administrative courts, have also sped up the timeframes of their processes.

Improving access 

On the other hand, the judicial system is developing the “100% access and 100% transparency plan”, which will help to make the system more accessible to all users and avoid unnecessary bureaucracy, as well as increase the level of trust in the judicial system.

Law 2-23 

From a procedural and efficiency point of view, another important development is the recent approval of Law 2-23 modifying Law 3726 of 1956, which regulates the recourse before the SCJ (recurso de casación). This law is fundamental because it introduces important changes to dispute resolution cases, including the fact that an appeal before the SCJ will not suspend the execution of the ruling appealed. The deadlines are also shorter and more quickly expedited, some bureaucracy proceedings have been eliminated, and judges will have the right to decide if they need to hold hearings, which in most cases is not justified due to the written nature of the process.

New Judges 

Furthermore, in December 2023 the National Council of the Judiciary (CNM) concluded the evaluation process and named five new judges of the Constitutional Court (TC) for a period of nine years, as well as the new president of the court among the five new judges.

Conclusion 

To conclude, the judicial system in the Dominican Republic has improved significantly, and clients and lawyers may now act in an environment of better legal certainty and trust in the judicial system’s integrity.