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Forum and governing law clauses in the Dominican Republic: what Ley 544-14 allows

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

International contracts can choose a foreign court and law. The choice must be express or evident, a forum clause must be written, and Dominican courts then stay out unless the foreign court declines. Land, company status and local enforcement stay with Dominican courts whatever the contract says, and mandatory public interest rules still apply. State immunity is read narrowly, limited to acts of public power.

Key facts

Foreign forum clause valid in international cases	Yes yes/noLey 544-14 art. 10, as of 2026-10-30 · in force
Party choice of law	Yes yes/noLey 544-14 art. 58, as of 2026-10-30 · in force
State immunity restrictive	Yes yes/noLey 544-14 art. 26, as of 2026-10-30 · in force

The rule

1. Forum selection agreements are valid when the dispute is international.Ley 544-14 de Derecho Internacional Privado, art. 10, 2014-12-18 official text · verified 2026-10-30

2. A forum clause must be in writing, which includes signed documents, letters, email and accessible electronic messages, and pleadings left undenied.Ley 544-14 de Derecho Internacional Privado, art. 18, 2014-12-18 official text · verified 2026-10-30

3. Dominican courts have jurisdiction if the parties submit expressly or tacitly, except in the matters of arts. 11 and 15.Ley 544-14 de Derecho Internacional Privado, art. 12, 2014-12-18 official text · verified 2026-10-30

4. Without submission, Dominican courts hear cases where the defendant is domiciled in the country or deemed so under arts. 15 and 16. That includes contracts to be performed there, harm there, branches there and movables there.Ley 544-14 de Derecho Internacional Privado, art. 16 and art. 19, 2014-12-18 official text · verified 2026-10-30

5. Parties can exclude Dominican courts in favour of a foreign court. Dominican courts then stay the case and hear it only if the foreign court declines. This does not work in matters where submission is barred.Ley 544-14 de Derecho Internacional Privado, art. 14, 2014-12-18 official text · verified 2026-10-30

6. In consumer, insurance and movable property matters, a forum clause counts only if made after the dispute arose, if both parties were domiciled in the country at signing, or if the weaker party is the claimant.Ley 544-14 de Derecho Internacional Privado, art. 13, 2014-12-18 official text · verified 2026-10-30

7. If the same case was filed first abroad, the Dominican court stays it, and declines once the foreign court accepts jurisdiction on a reasonable basis. This does not apply to exclusive matters.Ley 544-14 de Derecho Internacional Privado, art. 25, 2014-12-18 official text · verified 2026-10-30

8. A court may step back on request for causes outside the territory, where witnesses abroad or a foreign inspection would be highly burdensome.Ley 544-14 de Derecho Internacional Privado, art. 23, 2014-12-18 official text · verified 2026-10-30

9. The contract is governed by the chosen law. The choice must be express or evident from conduct and clauses, and can cover part of the contract.Ley 544-14 de Derecho Internacional Privado, art. 58, 2014-12-18 official text · verified 2026-10-30

10. A forum choice does not necessarily choose the law. Without a choice, the law of the State with the closest ties applies, and the parties can change the law at any time.Ley 544-14 de Derecho Internacional Privado, art. 59 and art. 60, 2014-12-18 official text · verified 2026-10-30

11. Rules the country considers essential to its public interests apply whatever law is chosen.Ley 544-14 de Derecho Internacional Privado, art. 66, 2014-12-18 official text · verified 2026-10-30

12. State immunity is applied restrictively, limited to acts of public power.Ley 544-14 de Derecho Internacional Privado, art. 26, 2014-12-18 official text · verified 2026-10-30

13. Foreign company status and internal rules follow the law set in art. 37, and consumer and employment contracts have their own rules.Ley 544-14 de Derecho Internacional Privado, art. 37, art. 62 and art. 63, 2014-12-18 official text · verified 2026-10-30

Worked example

A Dominican distributor and a Spanish producer pick Madrid courts and Spanish law. If the distributor sues in Santo Domingo, the court stays the case under art. 14. A dispute over title to the distributor's Dominican warehouse would stay local under art. 11.

Step by step

State the seat or court, and the law, in separate clauses.
Keep it in writing.
Exclude no matter that art. 11 reserves.
Add an arbitration option if assets are in the country, since a foreign award has treaty backing.

Common traps

A clause for a purely domestic deal is outside art. 10, which covers international disputes.
A foreign court win on an art. 11 matter cannot be recognised.
Labor claims can always go to Dominican courts if work is habitually done there, under art. 16.

Sources

Gaceta Oficial 10787 (Ley 544-14)

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