Fabio Guzmán-Saladín and Pamela Benzán Arbaje, Guzmán Ariza

This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

1.1 The overriding objective

(1) The overriding objective of these rules is to enable the court to deal with cases justly.

(2) Dealing justly with the case includes –

(a) ensuring, so far as is practicable, that the parties are on an equal footing;

(b) saving expense;

(c) dealing with cases in ways which are proportionate to the –

(i) amount of money involved;

(ii) importance of the case;

(iii) complexity of the issues; and (iv) financial position of each party;

(d) ensuring that it is dealt with expeditiously; and

Fabio Guzmán-Saladín and Pamela Benzán Arbaje, Guzmán Ariza

This is an extract from the 2023 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

In summary

Fabio Guzmán-Saladín and Pamela Benzán Arbaje, Guzmán Ariza

This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

In summary

Preface

Welcome to the Americas Restructuring Review 2020, one of Global Restructuring Review’s annual, yearbook-style reports.

Global Restructuring Review, for anyone unfamiliar, is the online home for international restructuring specialists everywhere, telling them all they need to know about everything that matters.

Click here to watch the video

Our experts in commercial restructuring, Fabio Guzmán Saladín, partner of the firm and senior counsel Pamela Benzán Arbaje took part, together with Michel Camacho, of counsel of the firm, expert in banking regulation, trust, criminal law and money laundering in the webinar organized by the Institute of Finance of Santo Domingo and moderated by Eduardo Risk, Trust Manager.

Fabio Guzmán-Saladín and Pamela Benzán Arbaje, Guzmán Ariza

This is an extract from the 2021 edition of GRR's The Americas Restructuring Review. The whole publication is available here.

In summary

For decades, restructuring and insolvency matters in the Dominican Republic involving merchants and companies in non-regulated industries have been carried out on a “de facto” basis, due to the obsolescence of the existing legal framework and institutions. Fortunately, that is not the case anymore.

Fabio J Guzmán-Saladín and Pamela Benzán, Guzmán Ariza

This is an extract from the 2020 edition of the Americas Restructuring Review, published by Global Restructuring Review. The whole publication is available here.

In summary

The exponential spread of CODIV-19 is seriously affecting the financial standing of businesses and individuals at a global scale, many of which have already expressed the likelihood of a potential insolvency in view of the significant reduction of their operations. In view of this situation, both corporations and individual businesspersons alike are evaluating their options and next steps to be taken both in the face of their possible insolvency as well as that of their debtors.