Desde su concepción institución jurídica, el arbitraje ha sido reconocido como un proceso consensual y voluntario, de donde la cláusula arbitral es idealmente el resultado de una negociación equilibrada entre las partes del contrato. Sin embargo, en la arena de los contratos de adhesión se veri ca una excepción a esta regla, toda vez que la capacidad de al menos una de las partes de negociar los término y condiciones de la transacción puede encontrarse visiblemente restringida, en tanto que la contraparte (i.e. quien ofrece el bien o servicio de que se trate) posee considerable poder de negociación, con lo cual constriñe a la otra a aceptar al arbitraje como alternativa a la justicia ordinaria y sin lo cual esta última no podrá acceder al bien o servicio pretendido.
The firm’s solid litigation practice focuses on handling a wide range of commercial and civil matters before Dominican courts of all jurisdictions, including specialized administrative, real estate, labor, criminal, appellate and constitutional courts.
JCP also possesses vast experience representing clients before the administrative agencies of the Dominican Republic, such as the Commission on Unfair Trade Practices and Safeguards, Dominican Telecommunications Institute (“INDOTEL”), National Office for Industrial Property (“ONAPI”), and Consumer Protection Agency (“Proconsumidor”).
The litigation team regularly counsels local and multinational companies operating in the country on managing and handling disputes with workers unions. It also represented foreign clients in claims against local counterparties originating outside the Dominican Republic, especially in the United States.
Jiménez Cruz Peña also has vast experience in conflict resolution under alternative mechanisms, such as arbitration and mediation, before the Chamber of Commerce and Production of Santo Domingo.
The Legal 500 notes “a very strong disputes practice at Jiménez Cruz Peña” under the leadership of the “highly experienced Marcos Peña,” which is “highly recommended for litigation,” and according to its clients, “very competent,’ ‘has a deep bench’ and is ‘reliable and well versed in arbitration, Dominican law and governmental procedures’. The practice is particularly known for labor matters. Among highlights, it assisted various high-profile clients from the financial, mining and electricity sectors with securing multimillion-dollar awards. The Legal 500 praises ‘good listener’ Marcos Peña who ‘knows the law and the local players well’ and is ‘an excellent choice for international arbitration matters’. Rosa Díaz and José Cruz are also recommended.
Chambers & Partners Latin America praises the firm, which, after a decade in the market, “continues to grow in prestige for its handling of complex commercial litigation and alternative dispute resolution cases.” Chambers also notes that “the firm frequently handles ICC arbitrations and is routinely involved in disputes in the local electricity sector, tackling contractual dispute claims before the regulator.”
Chambers & Partners Latin America notes the practice group’s involvement in litigation arising out of the labour sphere and its clients’ feedback praising its ability to listen to their clients and understand their opinions. They're an excellent team." Marcos Peña Rodríguez is a respected figure in the dispute resolution ambit. Clients describe him as "dedicated, organised and highly knowledgeable of the field." He is also experienced in administrative law, labour and employment matters and telecommunications projects.
- Agency and Distribution Claims under Law 173
- Airline Civil Liability Claims
- Commercial and Civil Litigation
- Consumer Protection Claims
- Intellectual Property Litigation
- Labor and Employment Claims
- Real Estate Litigation
- Shareholder Disputes
- Tax Disputes
- Successfully defended a corporate client in a challenge against the Dominican State’ assessment of US$517,000,000 in taxes.
- Successfully represented a prestigious financial entity in the Dominican Republic in multiple labor lawsuits, avoiding severance payments of approximately US$1.2 million.
- Represented various companies with foreign capital in multiple civil and criminal proceedings initiated on their behalf for recovery of losses over US$5 million.
- Representing a Panamanian company in several collection actions for approximately US$0.34 million.
- Represented foreign owned companies, such as a products manufacturer with the Canadian capital and a French investment company, in criminal prosecution over losses of more than US$8 million.
- Successfully defend a prestigious local savings and loan association in a number of claims for over US$1.1 million in total related to loans and mortgages issued by the association.