US and Dominican Republic dual citizens Michael, Lisa and Rachel Ballantine were not successful in their demand through the US-DRCAFTA treaty for compensation for US$41.5 million. Their counsel argued the government had set up roadblocks for their development of the Jamaca de Dios gated community and Aroma de la Montaña restaurant in Jarabacoa, La Vega province. Crowell & Moring LLP represented the claimants against the Dominican government. The demand was submitted on 11 September 2014.
The investors alleged that the Dominican Republic acted inconsistently with its obligations under Chapter 10, Section A, of the CAFTA-DR, with respect to National Treatment, Most-Favored Nation Treatment, Minimum Standard of Treatment, Expropriation and Compensation.
The Ministry of Environment maintained the expansion would be carried out in the protected area of the Baiguate National Park and violated environmental norms.
The dispute was overseen for the Dominican government by the Foreign Trade and International Foreign Treaty Agency (Dicoex). Dicoex is a division of the Ministry of Industry & Commerce that manages the free trade agreements for the Dominican state.
The Dominican government was represented in the case for Dicoex by Marcelo A. Salazar, director, Leidylin Contreras, deputy director and Raquel De la Rosa, director of the Prevention, Solution of Controversies and Investment Department. Also by legal advisor to the Executive Branch, Flavio Darío Espinal, and lawyers Nathalie Hernández and Sara Patnella of the same office; Patricia Abreu, deputy minister of Environment and Rosa Otero and Johanna Montero of the same Ministry of Environment. Arnold & Porter was the legal counsel in the United States for the Dominican government.
Read more:
MICM – the Ballantine case
Acento
Italaw – the DR defense
5 September 2019