Profile

Fabiola Medina Garnes is the founding Partner of Medina Garrigó. She has ample experience in the public administration and in private practice. Ms. Medina served as Head Assistant to the Chief Legal Advisor of the President of the Dominican Republic (1982-1985) and has been an Associate and Partner of renowned law firms in the Dominican Republic, during such time concentrating in the areas of Litigation, Arbitration, Administrative Law, Telecommunications Law and Tax Law. In 1992 she began a corporate career at Verizon Dominicana (today known as CLARO), the leading Telecom Company in the Dominican Republic, and became the company’s Vice-President Legal-Regulatory and as well the Secretary of its Board of Directors (1996-2005).

Ms. Medina was the Dominican member of the International Court of Arbitration (ICC) (2005-2012) and she is renowned as a leader in the field of arbitration in the Dominican Republic. She presided over the Center of Alternative Resolution of Controversies of the Chamber of Commerce of Santo Domingo (CRC), and currently functions as Second Vice-President of its Board of Directors. Ms. Medina is co-author of the Arbitration Regulations and the Complementary Rules of the CRC, and had a prominent participation in drafting and sanctioning Commercial Arbitration Law 489-08 and the amendment of the Arbitration Chapter in Law 50-87 on Chambers of Commerce.

In addition, Ms. Medina served as President of the Disciplinary Board of the Dominican Bar Association, the Dominican Corporate Lawyers Association (ADAE), the Institutionalism and Justice Foundation (FINJUS) and the Board of Trustees of the university “Instituto Tecnológico de Santo Domingo” (INTEC). She has been a professor for prominent universities in the Dominican Republic: “Universidad Nacional Pedro Henríquez Ureña” (UNPHU), “Universidad Autónoma de Santo Domingo” (UASD), and “Universidad Iberoamericana” (UNIBE).

Some others of Ms. Medina’s main achievements include:

  • Litigation and Dispute Resolution.-

 

 

  • Represented Banco de Reservas de la República Dominicana in the high-profile Atiemar Case valued in USD 35MM.
  • Has been representing Banco Agricola in the recovery of 28 million square feet of land near Costa Esmeralda valued over USD 250MM, obtaining a favorable decision on first degree.
  • Has been representing the Banco Central of the Dominican Republic in a criminal complaint against the directors of a financial institution currently in liquidation.
  • Represented a group of Venezuelan investors in several cases of recovery of sums amounting to approximately USD 6MM.
  • Represented the Banco Central of the Dominican Republic in several cases, including a lawsuit against the Republic Bank and the renegotiation and modification of the Playa Grande contract.
  • Has been representing Banco de Reservas de la República Dominicana in foreclosures valued over USD 40MM.

 

 

  • Administrative and Regulatory.-

 

  • Represented CLARO in 15 lawsuits against several city halls for the illegal application of municipal charges for the use of soil.
  • Participated in the drafting process of the new banking legislation and social security regulatory framework.
  • Has been involved in the drafting of numerous laws and regulations and the representation of private parties in proceedings before government agencies.
  • Has been counsel for several telecommunication companies in interconnection, competition and other relevant matters before INDOTEL, the Dominican telecommunications regulatory agency.
  • Represented CLARO in the defense of their rights in the frequency spectrum bid done in 2014 valued in USD 48MM.

 

  • Taxes.-

 

 

  • Successfully represented the Directorate General of Internal Taxes (DGII) in various lawsuits against the validity and constitutionality of Rule 13-2011, which established a 1% levy on interests.
  • Represented a prominent telecommunications company in negotiations before the DGII regarding the application of Article 305 of the Dominican Tax Code - withholding tax on payments made abroad.
  • Represented the DGII in 16 Fiscal Contentious Appeals against local hotels.
  • Represented Verizon Dominicana and Verizon Corp in the highest-profile case against the DGII, claiming USD 523MM in capital gain taxes.
  • Participated in the drafting of the legal aspects of the package of Bills that comprehends the 2005 Tax Reform, Law No. 557-05 of 2005, Tax Rectification Law No.495-06 of 2006.
  • Participated in the drafting of the Rules of the DGII for the Fiscal Receipts of 2010.
  • Directed the legal team responsible for drafting the amendment of the Tax Code, specifically Title I.

 

 

  • New Technologies and Telecommunications.-

 

 

  • Participated in the development of a modern legal framework that includes the General Telecommunications Law No. 153-98, and its regulations.
  • Participated in drafting the key regulations including Interconnection, Tariffs and Costs, Free and Fair Competition and the Consumer Protection.
  • Participated in the creation of the Law on Electronic Commerce, Digital Documents and Signatures, No. 126-02, as well as the High-Tech Crimes and Offences Law, No. 53-07.

 In 2008, Ms. Medina received the Women of the Year Medal of Merit in the area of Professional Achievement, awarded by the Executive Branch and the Ministry of Woman of the Dominican Republic.

Education

Ms. Medina graduated Summa Cum Laude with a Bachelor’s Degree in Law from the School of Law of the Universidad Nacional Pedro Henriquez Ureña (UNPHU). She was bestowed Grande Distinction on her Masters of Law (LLM) in International Law from the Université Libre de Bruxelles, as well as Plus Grande Distinction in her paper for the doctorate candidature.

Language

Spanish, English and French. Working knowledge of Portuguese and Italian.