Countries › Dominican Republic › Guide › 14. Disputes › Investment arbitration and the Dominican Republic: DR-CAFTA, treaties and no ICSID Convention

Investment arbitration and the Dominican Republic: DR-CAFTA, treaties and no ICSID Convention

Argentina. For full detail on Argentina, go to The Argentine Thread.

Last verified: 2026-10-30 · Status: Stable

The Dominican Republic signed ICSID in 2000 and has not ratified it, so ICSID Convention arbitration is closed. DR-CAFTA claimants use the ICSID Additional Facility or UNCITRAL rules, after 90 days notice and within three years. UNCTAD lists eleven bilateral treaties in force, including Spain, France, Italy and the Netherlands. The 2001 treaty with Argentina was signed but is not in force.

Key facts

ICSID party	No, signatory only yes/noICSID Convention, as of 2026-10-30 · in force
ICSID signature	2000-03-20 dateICSID Convention, as of 2026-10-30 · in force
DR-CAFTA limitation	3 yearsDR-CAFTA art. 10.18.1, as of 2026-10-30 · in force
DR-CAFTA notice of intent	90 daysDR-CAFTA art. 10.16.2, as of 2026-10-30 · in force
Bilateral treaties listed in force	11 treatiesUNCTAD table, labeled secondary to treaty texts, as of 2026-10-30 · in force
Treaty with Argentina	Signed 2001, not in force textUNCTAD table, as of 2026-10-30 · in force

The rule

1. ICSID shows the Dominican Republic with a signature of 20 March 2000 and no ratification on its list of 17 July 2026.ICSID Convention, list of contracting and signatory states, 2026-07-17 official text · verified 2026-10-30

2. A DR-CAFTA investor can claim for breach of Section A, an investment authorization or an investment agreement, for itself or for a local enterprise it controls.DR-CAFTA, Chapter Ten, art. 10.16.1, 2004-08-05 official text · verified 2026-10-30

3. Notice of intent is due at least 90 days before the claim, and six months must have passed since the events.DR-CAFTA, Chapter Ten, art. 10.16.2 and 10.16.3, 2004-08-05 official text · verified 2026-10-30

4. The rules are ICSID Convention if both States are parties, ICSID Additional Facility if one is, or UNCITRAL. For the Dominican Republic the first is not available.DR-CAFTA, Chapter Ten, art. 10.16.3, 2004-08-05 official text · verified 2026-10-30

5. No claim can be brought more than three years after the investor knew or should have known of the breach and the loss.DR-CAFTA, Chapter Ten, art. 10.18.1, 2004-08-05 official text · verified 2026-10-30

6. The claimant must consent and waive local and other proceedings on the measure, except interim relief that seeks no damages.DR-CAFTA, Chapter Ten, art. 10.18.2 and 10.18.3, 2004-08-05 official text · verified 2026-10-30

7. UNCTAD lists these as in force: Spain, France, Taiwan Province of China, Chile, Finland, Morocco, Panama, Switzerland, the Netherlands, Italy and Korea. Argentina, Cuba and Haiti are signed but not in force, and Ecuador ended in 2008.Bilateral investment treaties, UNCTAD country table, 2026-10-30 official text · verified 2026-10-30

8. Treaty or investment claims against the State are served on the coordinating authority at the trade ministry, which informs the Consultoría Jurídica.Ley 489-08 sobre Arbitraje Comercial, art. 5 num. 2, 2008-12-19 official text · verified 2026-10-30

9. State contracts can be sent to treaty based jurisdictions and to national or international arbitration.Constitución de 2024, art. 220, 2024-10-27 official text · verified 2026-10-30

10. Sargeant Petroleum v. Dominican Republic, ICSID ARB(AF)/22/1 under DR-CAFTA, was registered on 17 May 2022 and is pending. The claimant asked to discontinue on 8 June 2026 and the tribunal decided on 11 August 2026 to continue.ICSID case record, ARB(AF)/22/1, 2026-08-11 official text · verified 2026-10-30

11. Corona Materials v. Dominican Republic, ICSID ARB(AF)/14/3 under DR-CAFTA, was registered on 30 July 2014. The proceeding closed on 31 May 2016 and the claim was held out of time under the three year rule.ICSID case record, ARB(AF)/14/3, 2016-05-31 official text · verified 2026-10-30

Partner	Signed	In force
Spain	16 Mar 1995	7 Oct 1996
France	14 Jan 1999	23 Jan 2003
Taiwan Province of China	5 Nov 1999	27 Nov 2001
Chile	28 Nov 2000	8 May 2002
Finland	27 Nov 2001	21 Apr 2007
Morocco	23 May 2002	4 Jan 2007
Panama	6 Feb 2003	17 Sep 2006
Switzerland	27 Aug 2004	30 May 2006
Netherlands	30 Mar 2006	1 Oct 2007
Italy	12 Jun 2006	25 Nov 2009
Korea	30 Jun 2006	10 Jun 2008

Bilateral treaties UNCTAD lists in force, seen through its database via search on 30 October 2026

Worked example

A US investor learns of a license refusal on 1 March 2025. Six months must pass, 90 days notice is due, and the claim must be filed no later than the three year mark, about 1 March 2028. Filing local suits on the same measure can block the claim because of the waiver.

Step by step

Map the investor's nationality and structure before a dispute.
Date the first knowledge of breach and loss.
Serve notice of intent.
Choose Additional Facility or UNCITRAL.
Plan local action around the waiver.

Common traps

An Additional Facility award is not an ICSID Convention award, so enforcement relies on the New York Convention or local rules of the seat, not ICSID art. 54.
Corona shows the clock is enforced: the claim failed on the three year limit, so date the first knowledge of breach and loss with care.
Argentine investors have no treaty route under the 2001 text.
UNCTAD data was read through search results because its site blocked direct reading, so check the treaty text before relying on a date.

Sources

← Cross border service and evidence in the Dominican Republic: Hague Service since 2024, apostille, no Hague EvidenceClaims against the State in the Dominican Republic: 30 days to court, one year for damages →

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