{"id":119312,"date":"2025-11-12T14:26:29","date_gmt":"2025-11-12T14:26:29","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=119312"},"modified":"2025-11-12T14:26:29","modified_gmt":"2025-11-12T14:26:29","slug":"lebanon-international-arbitration","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/lebanon-international-arbitration\/","title":{"rendered":"Lebanon: International Arbitration"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-119312","comparative_guide","type-comparative_guide","status-publish","hentry","guides-international-arbitration","jurisdictions-lebanon"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Alem &amp; Associates<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/03\/ALEM-Logo-High-resolution-e1770646550293.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Alem &amp; Associates<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/03\/ALEM-Logo-High-resolution-e1770646550293.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of International Arbitration laws and regulations applicable in Lebanon<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legislation applies to arbitration in your country? Are there any mandatory laws?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Lebanon has a well-developed and reliable legal framework. The Lebanese Arbitration Law is codified in Articles 762 to 821 of the New Civil Procedure Code (NCPC) and is mainly inspired by the French Arbitration Law of 1981. This law is considered to be pro-arbitration, positioning Lebanon as an arbitration-friendly jurisdiction, where arbitration is widely accepted as a standard method of dispute resolution.<\/p>\n<p>With respect to mandatory provisions, Article 776 provides that arbitral tribunals shall apply the rules of procedure of the NCPC that do not conflict with arbitral procedural rules, but that parties enjoy considerable flexibility to tailor their proceedings. This freedom is complemented by essential mandatory provisions that uphold public policy and fundamental principles, as set forth in Articles 365 to 368 and Articles 371 to 374 of the NCPC. Thus, the Lebanese arbitration framework effectively supports party autonomy while ensuring compliance with fundamental legal standards.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Lebanon ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the NY Convention) on 11 August 1998. Lebanon made a reservation at the time of ratification, limiting the application of the NY Convention to the recognition and enforcement of arbitral awards made in the territory of other Contracting States on the basis of reciprocity.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other arbitration-related treaties and conventions is your country a party to?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Lebanon ratified the Arab Convention on Commercial Arbitration on 23 September 1988 and is a signatory to several other arbitration-related treaties. These include the 1980 Arab Investment Agreement, which Lebanon signed in November 1980 and ratified its 2013 amendments in 2019, and the 1981 OIC\u202fInvestment Agreement, which entered into force in 1988. Lebanon is also a party to the Euro-Mediterranean Interim Association Agreement with the EU (2002), the EFTA\u2013Lebanon Free Trade Agreement (2004), and the Lebanon\u2013US Trade and Investment Framework Agreement (2006), although the latter has not yet entered into force.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two? Are there any impending plans to reform the arbitration laws in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Lebanese Arbitration Law is not based on the UNCITRAL Model Law, but rather on the former French Arbitration Law of 1981 which preceded the current 2011 legislation, with some variations.<\/p>\n<p>The Lebanese Arbitration Law and the UNCITRAL Model Law differ in several key aspects, particularly in how each addresses issues such as the autonomy of the arbitration process and the extent of judicial intervention.<\/p>\n<p>Unlike the UNCITRAL Model Law, which applies uniformly to international commercial arbitration without distinguishing between domestic and international arbitration, the Lebanese Arbitration Law distinguishes between domestic and international arbitration, with international arbitration being limited to cases involving international trade (Article 809 NCPC), with different rules for each.<\/p>\n<p>The Lebanese Arbitration Law gives the judicial courts extensive powers to intervene in the arbitral process, from the appointment of arbitrators to the granting of interim measures and the setting aside of arbitral awards on a wide range of grounds. Conversely, one of the key principles of the UNCITRAL Model Law is to minimise judicial intervention.<\/p>\n<p>The Lebanese Arbitration Law has been amended several times since its original enactment in 1983. The most significant updates include a 1996 amendment that allows for the challenge, before the Court of Cassation, of decisions of the Court of Appeal in annulment matters, and a 2002 clarification regarding state participation in arbitration, specifying which administrative disputes can be arbitrated and requiring prior approval for state arbitration agreements. While these changes have refined the arbitration framework over the years, no major reforms are currently underway.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What arbitral institutions (if any) exist in your country? When were their rules last amended? Are any amendments being considered?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Lebanese Arbitration and Mediation Center (LAMC) is the main institution for administering domestic arbitration in Lebanon. Its arbitration rules have been significantly updated, with the new version coming into force on 1 July 2024. These revisions bring the LAMC\u2019s practices in line with current trends in international arbitration institutions such as the Cairo Regional Centre for International Commercial Arbitration (CRCICA) and the Dubai International Arbitration Centre (DIAC).<\/p>\n<p>In addition, the Lebanese and International Arbitration Centre of the Beirut Bar Association (LIAC-BBA), established in 2014, handles both domestic and international arbitrations. Although the LIAC-BBA introduced its own arbitration rules in 2015, it has not yet disclosed the number of cases currently under its administration.<\/p>\n<p>The International Chamber of Commerce (ICC) is also widely used for domestic arbitrations in Lebanon and is the leading institution for the administration of international arbitrations seated in the country. Furthermore, regional arbitral institutions such as DIAC, CRCICA, the Abu Dhabi International Arbitration Centre (ADIAC) and the Bahrain Chamber for Dispute Resolution (BCDR-AAA) are used, especially when the parties are based in other Middle Eastern countries.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a specialist arbitration court in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no specialised arbitration courts in Lebanon. Instead, jurisdiction over arbitration matters is vested in the ordinary courts. The Court of Appeal in the place where the arbitral award was rendered has jurisdiction to hear cases concerning the setting aside of arbitral awards. In addition, the President of the Court of First Instance of Beirut has general jurisdiction to grant exequatur for the enforcement of international arbitral awards. This system allows for the integration of arbitration-related matters within the existing judicial framework.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the validity requirements for an arbitration agreement under the laws of your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Lebanese law, international arbitration agreements have no specific formal requirements for validity, unlike domestic arbitration, which requires that the agreement be in writing and either name the arbitrators or provide a method for their appointment. In international arbitration, mutual consent of the parties is the essential requirement. While it is advisable to specify elements such as the number of arbitrators, their method of appointment, the seat, and the language of arbitration, these particulars are not mandatory (Court of First Instance of Beirut, Decision 9\/51, 13 February 2013). Lebanese courts have adopted a liberal interpretation of arbitration agreements, holding, for example, that an invalid term does not render the entire agreement void (Court of First Instance of Beirut, Decision 24\/63, 5 June 2013). In cases involving the Lebanese State or public entities, it is advisable to obtain prior authorization from the relevant authorities.<\/p>\n<p>However, despite this liberal approach, a written arbitration agreement is required at the enforcement stage. Pursuant to Article 814 of the NCPC, the parties must submit the arbitral award together with the arbitration agreement in order to prove its existence for enforcement purposes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitration clauses considered separable from the main contract?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Although the principle of separability of arbitration agreements is not explicitly mentioned in the NCPC, particularly in the section on international arbitration, Lebanese courts have consistently upheld it. Thus, the Court of Appeal of Beirut has repeatedly held that \u201cthe arbitration agreement is independent of the underlying contract in which it is contained\u201d (Decision 464\/2003, 3 April 2003). Consequently, the invalidity of the main contract does not affect the validity of the arbitration agreement contained therein (Decision 767\/2008, 20 May 2008). This principle has also been confirmed by the Lebanese Court of Cassation (Decision 14\/2014, 25 January 2014).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicable to it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no established practice in Lebanese case law regarding the application of a validation principle by Lebanese courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are asymmetric arbitration clauses \u2013 for instance, where one party has the right to choose between arbitration or litigation while the other party does not have this option \u2013 valid in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no clear Lebanese case law or statutory provision that directly addresses the validity of asymmetrical arbitration clauses. While the law does not expressly prohibit such clauses, they may raise concerns related to fairness and equal treatment between the parties, potentially engaging public policy considerations depending on the circumstances.<\/p>\n<p>If an asymmetrical clause effectively deprives one party of meaningful access to a dispute resolution forum\u2014particularly where that party is in a weaker bargaining position\u2014a Lebanese court may find that it contravenes principles of contractual fairness or procedural equality. This concern is especially relevant in contexts where one party benefits from statutory protection, such as under the Consumer Protection Act (Law No. 659\/2005). Article 26 of that law deems unfair and abusive any contractual terms that \u201caim or may lead to upsetting the balance between the rights and obligations of the professional and the consumer to the detriment of the latter.\u201d It further considers unfair and abusive clauses those that restrict the ability to use mediation or arbitration to resolve disputes, or that require the consumer to bear the costs arising from such proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an arbitration agreement? Are there any recent court decisions on these issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Lebanese courts have recognised that third parties or non-signatories may be bound by an arbitration agreement under certain conditions. The Court of First Instance of Beirut has held that a non-signatory may be bound if it has participated in the negotiation or implementation of the underlying contract, thereby demonstrating an intention to be bound by the arbitration agreement (Decision 2\/44, 14 January 2013). This confirms that active participation in the contractual process can lead to the extension of the arbitration agreement to non-signatories.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any recent court decisions in your country concerning the choice of law applicable to an arbitration agreement where no such law has been specified by the Parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the absence of a choice of law by the parties, Lebanese courts tend to apply conflict-of-law rules to determine the law applicable to an arbitration agreement. The Lebanese Court of Cassation has held that the determination of the law applicable to an arbitration agreement, including issues relating to its validity and continuity, is based on either the law applicable to the effects of the agreement or the law of the place where the agreement was concluded. This approach is consistent with Article 139(1) of the NCPC, which codifies Lebanese conflict-of-law rules (Court of Cassation, 17 June 1999, Decision 77\/99).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is the law applicable to the substance determined? Is there a specific set of choice of law rules in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The NCPC and the rules of Lebanese arbitral institutions provide mechanisms for determining the law applicable to the substance of a dispute in the absence of a prior agreement between the parties. The NCPC gives the parties the freedom to choose the law applicable to the merits of their case. However, if no such choice is made, the arbitral tribunal shall resolve the dispute \u201cin accordance with the rules of law it considers appropriate\u201d (Article 813 NCPC). Similarly, Article 39 of the LAMC Rules of 2024 provides that, in the absence of prior agreement, the arbitral tribunal shall apply the rules of law it considers appropriate (para. 1), taking into account the terms of the contract and any relevant trade usage (para. 3). Article 30 of the LIAC-BBA Rules of 2015 follows the same approach by providing that, in the absence of agreement, the tribunal shall apply the substantive law which it considers \u201cto have the closest connection with the dispute\u201d (para. 2), taking into account the contract and relevant trade usages (para. 3).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any particular requirements for and\/or restrictions in the appointment of arbitrators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 810 of the NCPC gives the parties wide freedom to appoint arbitrators or to agree on a method for their appointment, either directly or by reference to specific arbitration rules. Lebanese courts have consistently upheld this right. The only requirement and\/or restriction worth noting is that although parties may entrust their disputes to a legal entity, the arbitrators themselves must always be natural persons (Article 768 NCPC). The law does not impose any further requirements. It is worth noting that members of the judiciary may act as arbitrators without restriction (Court of Cassation, Decision 150\/2004).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the local courts intervene in the selection of arbitrators? If so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Lebanese law, local courts intervene in the selection of arbitrators only when the method chosen by the parties fails (Article 810 NCPC) or when arbitrators are challenged and removed in ad\u202fhoc arbitrations (Article 770 NCPC, which applies to domestic arbitrations but has been extended by case law to international arbitrations \u2013 see for e.g. Court of Appeal of Beirut, Decision 1778\/2001, 10 December 2001).<\/p>\n<p>In such cases, the President of the Court of First Instance acts as the appointing authority in support of the arbitration. The President\u2019s decision must be taken promptly and cannot be challenged. However, a refusal to appoint arbitrators may be appealed if the decision is based on the arbitration agreement being considered null, void, or insufficient.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the appointment of an arbitrator be challenged? What are the grounds for such a challenge? What is the procedure for such a challenge?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>1.Lebanese law (ad hoc arbitrations)<\/strong><\/p>\n<p><em>Possibility of challenge.<\/em> Under Lebanese law, challenges to the appointment of arbitrators in ad hoc arbitrations are governed by the NCPC provisions applicable to domestic arbitrations, as there are no specific procedures for international arbitrations (Court of Appeal of Beirut, Decision 1778\/2001, 10 December 2001). According to Article 770 of the NCPC, arbitrators can only be removed with the unanimous consent of the parties, and any challenge must be based on grounds that were discovered after the appointment. Arbitrators are required by Article 769(2) of the NCPC to disclose any potential grounds for challenge at the time of their appointment.<\/p>\n<p><em>Grounds for challenge.<\/em> The grounds for challenging an arbitrator are the same as those for challenging a judge, as set out in Articles 120 and 130 of the NCPC, and must be interpreted restrictively. These grounds typically relate to personal relationships or interests, such as: kinship with a party or another arbitrator, personal interest in the case, previous involvement as counsel or arbitrator, or enmity or friendship with one of the parties, which may affect impartiality.<\/p>\n<p><em>Procedure.<\/em> Challenges must be filed with the competent court of first instance within 15 days of the discovery of the ground for challenge (Article 770(3) of the NCPC). No challenge may be lodged after the closing of proceedings (Article 787(2) of the NCPC). Failure to challenge within the proscribed time limits constitutes a waiver of the right to challenge, even during annulment proceedings (Court of Appeal of Beirut, 21 February 1994). If the court upholds the challenge and removes the arbitrator, the arbitration agreement remains valid, but the arbitrator\u2019s mandate is retroactively revoked and any award rendered is annulled (Court of Cassation, Decision 29\/2002, 28 February 2002; Decision 60\/2004, 1 April 2004,). The decision of the court is final and not subject to appeal.<\/p>\n<p><strong>2. LAMC Rules of 2024<\/strong><\/p>\n<p><em>Possibility of challenge.<\/em> The LAMC Rules allow a party to challenge an arbitrator if there are reasonable doubts as to the arbitrator\u2019s impartiality or independence (Article 14). However, a party may only challenge an arbitrator it has appointed if the circumstances justifying the challenge became known after the appointment.<\/p>\n<p><em>Grounds<\/em>. The grounds for challenge under the LAMC Rules focus on impartiality and independence. Any reasonable doubt in these areas is a sufficient basis for challenge.<\/p>\n<p><em>Procedure<\/em>. A challenge must be filed with the Secretariat within 15 days after the party becomes aware of the grounds for challenge (Article 15). If the arbitrator does not withdraw or if the parties do not agree to the removal of the arbitrator, the LAMC Court of Arbitration will decide the matter within 30 days. The decision is final and not subject to appeal.<\/p>\n<p><strong>LIAB-BBA Rules of 2015<\/strong><\/p>\n<p><em>Possibility of challenge.<\/em> Article 14 of the LIAC-BBA Rules provides that an arbitrator may be challenged if there are reasonable doubts as to their impartiality or independence. A party may challenge an arbitrator whom it has appointed, but only if the circumstances were discovered after the appointment and confirmation of the arbitrator.<\/p>\n<p><em>Grounds<\/em>. The grounds for challenge under the LIAC-BBA Rules are similar to those under the LAMC Rules and focus on impartiality and independence, with particular emphasis on justifiable doubts as to these qualities.<\/p>\n<p><em>Procedure<\/em>. A challenge must be submitted to the Administrative Committee within 15 days of the appointment of the arbitrator or the discovery of the circumstances giving rise to the challenge. The other parties and the arbitrators are then invited to submit their observations within 15 days. If the arbitrator does not resign and the parties do not agree to the challenge, the matter is referred to the Higher Council for a final and binding decision.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments concerning the duty of independence and impartiality of the arbitrators, including the duty of disclosure?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 769 of the NCPC (as amended in 2002) requires arbitrators to disclose any circumstances that may give rise rise to doubts as to their impartiality or independence, emphasises the mandatory nature of such disclosure and restricts arbitrators from withdrawing without serious cause. The Lebanese courts have repeatedly reaffirmed these principles and aligned the standards for challenging arbitrators with those applicable to judges. These provisions remain in force and have not undergone any significant changes recently.<\/p>\n<p>By comparison, the 2015 LIAC-BBA Rules provide a comprehensive procedural framework for arbitrators\u2019 disclosure obligations. Arbitrators are required to disclose potential conflicts at the outset and throughout the proceedings, with explicit provisions for notifying the Administrative Committee of any doubts as to their impartiality.<\/p>\n<p>More recently, the LAMC Rules of 2024 introduced a flexible approach to disclosure, with doubts being resolved in favor of disclosure. Like the LIAC-BBA, the LAMC Rules require disclosure throughout the arbitration process and that any doubts as to impartiality must be addressed promptly. This approach emphasises transparency, with clear procedures for notifying both the Secretariat and the parties.<\/p>\n<p>In addition, the 2024 update of the IBA Guidelines on Conflicts of Interest, which is commonly referenced in Lebanese arbitrations, constitutes a practical benchmark that ensures arbitrators adhere to international best practices on disclosure and independence, complementing existing national and institutional rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitrators immune from liability?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Lebanese law, arbitrators do not enjoy general immunity from liability. They may be held liable for breach of duty or negligence in accordance with the contractual civil liability provisions of the COC. However, arbitrators may limit their liability by means of exemption clauses, except in cases of willful misconduct or gross negligence.<\/p>\n<p>In contrast, Article 7 of the 2024 LAMC Rules grants immunity from liability to arbitrators and related parties, except in cases of willful misconduct, and parties waive any claims based on acts or omissions in connection with the arbitration. Similarly, Article 17 of the LIAC-BBA Rules of 2015 provides for immunity from liability, stating that entities involved in the arbitration shall not be liable for any act or omission in connection with the arbitration. While this provision does not expressly provide an exception for willful misconduct, unlike the LAMC Rules, it seems only logical that acts of intentional wrongdoing would not be covered by this exclusion of liability.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the principle of competence-competence recognized in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The principle of competence-competence is recognized in Lebanon. Article 785 of the NCPC explicitly enshrines this principle and grants arbitral tribunals the exclusive power to determine their own jurisdiction. Although this provision primarily applies to domestic arbitration, it has been consistently extended by Lebanese courts to international arbitration (e.g., Court of Cassation, 25 January 2014, Decision 14\/2014). As a result, Lebanese courts generally decline jurisdiction over challenges to the jurisdiction of arbitral tribunals, dismissing such claims and deferring to the arbitral tribunal (Court of Cassation, Decision No. 160, 16 October 2003).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the approach of local courts towards a party commencing litigation in apparent breach of an arbitration agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If a party attempts to initiate litigation in violation of an arbitration agreement, the Lebanese courts will declare themselves incompetent to hear the matter and will reject any challenge to the jurisdiction of the arbitral tribunal. To this end, they will focus on the validity of arbitration agreements and limit their review to cases of manifest invalidity (Court of First Instance of Beirut, Decision No. 194, 26 February 2014). This approach is in line with Article II (3) of the New York Convention, to which Lebanon has been a party since 1998.<\/p>\n<p>Recent case law further emphasizes that arbitrators must have the first opportunity to decide on their jurisdiction before national courts intervene (Court of Cassation, Decision No. 83\/2017, 29 November 2017). While Lebanese law does not explicitly prohibit State courts from reviewing negative jurisdictional decisions by arbitrators, such reviews have not been observed in practice.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What happens when a respondent fails to participate in the arbitration? Can the local courts compel participation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the NCPC, there are no explicit provisions allowing local courts to compel a defaulting respondent to participate in arbitration. However, local courts may intervene in certain cases, such as appointing arbitrators when a party obstructs the proceeding (Article 764), ordering the attendance of witnesses (Article 779), or extending the time limits for the arbitral proceedings (Article 773). These provisions allow courts to facilitate the arbitral process, but not to compel a respondent\u2019s participation. In addition, it is well established in Lebanese case law that if a respondent refuses to participate in arbitration proceedings and an award is rendered against them, they may not invoke a violation of public policy to prevent recognition.<\/p>\n<p>Under the LIAC-BBA Rules of 2015, if a respondent fails to participate without good cause, the arbitral tribunal may proceed with the arbitration and make its decisions based on the evidence before it (Article 27). Similarly, the LAMC Rules of 2024 permit the tribunal to proceed with the arbitration even if the respondent fails to submit a defence or attend hearings, without treating the absence as an admission of the claimant\u2019s claims (Article 33).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can third parties voluntarily join arbitration proceedings? If all parties agree to the intervention, is the tribunal bound by this agreement? If all parties do not agree to the intervention, can the tribunal allow for it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the NCPC, third parties may not voluntarily intervene in an arbitration unless all parties to the arbitration agree to such intervention (Article 786 of the NCPC). While this provision applies to domestic arbitrations, Article 812 extends its application to cases of international arbitrations governed by Lebanese law, unless the parties have expressly agreed otherwise (Article 812). Thus, the tribunal is bound by the parties&#8217; agreement regarding third-party intervention.<\/p>\n<p>In addition, the LAMC Rules of 2024 permit the intervention of a third party only if that third party is a signatory to the arbitration agreement. Even if all parties consent to intervention, the tribunal may deny joinder if it finds, after hearing all parties, that such intervention would be prejudicial (Article 20). In contrast, under the 2015 LIAC-BBA Rules, the tribunal may allow the joinder of a third party, whether or not the third party is a signatory to the arbitration agreement, if, after giving all parties an opportunity to be heard, it finds that there would be no prejudice in connection with the joinder (Article 7).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal? Are anti-suit and\/or anti-arbitration injunctions available and enforceable in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Article 789 of the NCPC, arbitrators are empowered to order interim or conservatory measures equivalent to those of a state court. These measures may include the freezing of assets, conducting inventory, sequestration, forced sale of perishable goods, and documentation of the state of affairs. However, arbitral tribunals may not grant interim measures ex parte; the opposing party must be given an opportunity to be heard.<\/p>\n<p>Where arbitral tribunals have not yet been constituted, state courts may grant preliminary or interim relief despite the existence of an arbitration agreement, unless the parties have agreed otherwise (Court of Cassation, Decision 8\/2006, 19 January 1996; Court of Appeal of Beirut, Decision 1100\/2009, 30 July 2009).<\/p>\n<p>Anti-suit injunctions are not expressly provided for under Lebanese law, as the NCPC does not contain provisions expressly authorizing such remedies. This reflects the broader legal tradition in Lebanon, which is based on civil law principles and is therefore less receptive to certain practices from common law jurisdictions. However, one notable development offers a more nuanced view: in 2009, the President of the Second Chamber of the Beirut Court of First Instance issued an order in a commercial matter prohibiting the beneficiary of a foreign injunction from seeking its enforcement (President of the Court of First Instance of Beirut, 5 February 2009). Although this case was not related to international arbitration, but rather to international litigation, the decision was perceived by some commentators as an indication that Lebanon may eventually adopt the practice of anti-suit injunctions.<\/p>\n<p>Moreover, there does not appear to be any decision in Lebanese case law regarding the recognition of foreign anti-suit injunctions in Lebanon. That being said, the approach may vary depending on whether the injunction is issued by a foreign court or an arbitral tribunal. In the case of a foreign court injunction, it would be subject to the conditions set forth in Article 1014 of the NCPC, which governs the recognition of foreign judgments. These conditions include the jurisdiction of the foreign court, res judicata status, respect for the rights of defence, reciprocity between Lebanon and the state of the issuing court, and the absence of any violation of public policy. On the other hand, if the injunction is issued by an arbitral tribunal, its enforceability would be governed by the New York Convention, to which Lebanon is a party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules governing evidentiary matters in arbitration? Will the local courts in your jurisdiction play any role in the obtaining of evidence? Can local courts compel witnesses to participate in arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Lebanon does not have a comprehensive set of evidentiary rules specific to international arbitration. However, the domestic arbitration rules in the NCPC provide guidance and allow arbitrators to use a wide range of measures to gather evidence. These measures include ordering the disclosure of documents (Article 780 NCPC), hearing witnesses without requiring an oath (Article 779), and ruling on allegations concerning the authenticity of signed documents (Article 783(1)). In practice, international arbitration in Lebanon often blends the civil law tradition of limited party control over the process with elements of common law practice. It is common for parties to refer to the IBA Rules on the Taking of Evidence in International Arbitration, particularly in international cases, although the tribunal retains the discretion to deviate from these rules based on the procedural framework agreed upon by the parties.<\/p>\n<p>Because arbitrators in Lebanon do not have coercive powers, local courts can assist in obtaining evidence and compelling witness to testify. Although arbitrators can order the production of documents, they cannot enforce compliance. In such cases, courts may intervene to assist, including by issuing penalties or letters rogatory to compel the attendance of witnesses (Article 779(2) of the NCPC). This cooperation with state courts helps to ensure that arbitral proceedings can effectively gather evidence and secure witness testimony, even in cases where parties or witnesses are uncooperative.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country? Do these codes and professional standards apply only to counsel and arbitrators having the nationality of your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>With respect to the regulation of the legal profession in Lebanon, the applicable code of ethics is found in Law No. 42 of 1991. This law sets out the professional and ethical standards to be observed by lawyers in the practice of their profession.<\/p>\n<p>As regards arbitrators, while there is no specific code of ethics in Lebanon, the NCPC provides guidance on the ethical expectations for arbitrators. For example, Article 769 of the NCPC states that once arbitrators accept their mandate, they cannot resign without good cause; doing so without proper cause could render them liable for damages. In addition, Article 770 allows arbitrators to be challenged on the same grounds that justify the recusal of judges, thus ensuring the impartiality and fairness of the proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any rules with respect to the confidentiality of arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Lebanese Arbitration Law does not expressly provide for confidentiality in arbitral proceedings. However, Lebanese case law has consistently upheld the confidential nature of arbitral proceedings (Beirut Court of Appeal, Decision No. 1404, October 9, 2003). In addition, Article 788 of the NCPC provides that the deliberations of the arbitrators shall remain secret, thus reinforcing the principle of confidentiality.<\/p>\n<p>For institutional arbitrations under the LAMC Rules, Article 44 ensures that, unless otherwise agreed by the parties, all materials submitted during the proceedings are confidential, unless disclosure is required by law, to protect a legal right, or to enforce or challenge an award in court. It also extends confidentiality to arbitrators, tribunal-appointed experts, and other persons involved in the arbitration process.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the IBA guidelines on conflicts of interest and other similar soft law sources viewed by courts and tribunals in your jurisdiction? Are they frequently applied?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In practice, tribunals seated in Lebanon often refer to and draw guidance from the IBA soft-law instruments\u2014especially the IBA Guidelines on Conflicts of Interest and the IBA Rules on the Taking of Evidence\u2014when setting disclosure standards, resolving challenges, or organizing proof. Lebanese courts, however, do not generally apply these instruments. Instead, they rely primarily on the NCPC and domestic jurisprudence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the costs of arbitration proceedings estimated and allocated? Can pre- and post-award interest be included on the principal claim and costs incurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>With respect to estimating the costs of arbitration proceedings, in ad hoc proceedings, the arbitral tribunal is responsible for determining its own costs and expenses. In institutional arbitration, the arbitral institution generally determines the costs associated with the tribunal. For example, the Lebanese Arbitration and Mediation Center (LAMC) set outs its fees, which include a non-refundable registration fee, administrative expenses, and arbitrators\u2019 fees. These fees are calculated on the basis of the amount in dispute according to the Schedule of Fees annexed to the 2024 Arbitration Rules.<\/p>\n<p>As to apportionment, the costs of the arbitration are usually apportioned at the discretion of the arbitral tribunal. Although the Lebanese Arbitration Law does not contain specific provisions on the allocation of costs, it is generally accepted that all costs incurred may be awarded, with the losing party usually bearing such costs unless the tribunal decides otherwise. In addition, interest may be awarded on both the principal claim and the costs incurred.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are applications for security for costs viewed in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Applications for security for costs in arbitration are recognized and may be granted in appropriate circumstances, even though Lebanese Arbitration Law does not expressly regulate this remedy. The general provisions on interim measures (Art. 789 NCPC) have been interpreted as conferring upon arbitral tribunals broad discretion to order security for costs when deemed necessary, as part of their overall power to grant interim or conservatory relief.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legal requirements are there in your country for the recognition and enforcement of an award? Is there a requirement that the award be reasoned, i.e. substantiated and motivated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The procedure for recognition and enforcement of an arbitral award is relatively straightforward. It is usually obtained through ex parte proceedings in which the judge\u2019s role is limited to verifying two key elements: (i) the existence of the award, and (ii) ensuring that its recognition is not manifestly contrary to Lebanese international public policy (Article 814 NCPC).<\/p>\n<p>There is no requirement that the award be reasoned, i.e. the award does not need to be substantiated or motivated in order to be enforceable. The grounds for opposing enforcement are limited to those set out in Articles 814, 817 and 819 of the NCPC.<\/p>\n<p>The application for exequatur must contain the originals of the award and the arbitration agreement or a certified copy of these documents, whether the award is domestic or foreign.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the estimated timeframe for the recognition and enforcement of an award (domestic and international)? Can a party bring a motion for the recognition and enforcement of an award on an ex parte basis? Would the standard of review be different for domestic and international awards?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The process of obtaining exequatur of an international arbitral award in Lebanon is generally not time-consuming. The overall duration of enforcement depends largely on the specific measures taken against the losing party and the steps taken to enforce compliance with the award. Moreover, as mentioned above (Question 30), recognition and enforcement of an arbitral award can only be obtained through ex parte proceedings, which means that it is not necessary to hear both parties.<\/p>\n<p>The enforcement of international arbitral awards is subject to the same rules that govern the enforcement of domestic arbitral awards following the express reference found in Article 815 of the NCPC to Articles 793 to 797 of the NCPC.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can arbitration awards be appealed or challenged in local courts? What are the grounds and procedure in this regard? Is it possible for parties to waive any rights of appeal or challenge to an award by agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Lebanon, international arbitral awards rendered locally may be challenged through an application for annulment, but they cannot be appealed (Article 819 NCPC). However, enforcement orders for international awards rendered outside Lebanon may be appealed (Article 817 NCPC).<\/p>\n<p>The grounds for both annulment and appeal are limited to five grounds:<\/p>\n<ol>\n<li>Absence of a valid arbitration agreement or reliance on an expired or void agreement.<\/li>\n<li>Failure to properly appoint arbitrators.<\/li>\n<li>Arbitrators exceeded their mandate.<\/li>\n<li>Violation of due process.<\/li>\n<li>The award is contrary to Lebanese international public policy.<\/li>\n<\/ol>\n<p>The application for annulment must be filed with the court of appeal of the jurisdiction in which the award was rendered, within 30 days of the notification of the recognition or enforcement order (Article 819 NCPC). Annulment proceedings usually suspend enforcement unless the award contains summary judgments (Article 820 NCPC).<\/p>\n<p>International arbitral awards rendered locally may be challenged by an application for annulment, but they are not appealable (Art. 819 NCP). In contrast, domestic arbitral awards may be appealed. However, the parties have the option to waive their right to appeal against a domestic award, as set forth in Article 770 NCPC.<\/p>\n<p>In both cases, whether international or domestic, the grounds for setting aside an arbitral award are considered matters of public policy and cannot be waived.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an award? To what extent might a third party challenge the recognition of an award?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As indicated in the answer to Question 11, under Lebanese law, third parties or non-signatories may be bound by an arbitral award under certain circumstances, in particular if they participated in the negotiation, execution or performance of the contract containing the arbitration clause. Lebanese jurisprudence has consistently upheld the principle that such participation may extend the binding effect of the arbitration agreement to such third parties.<\/p>\n<p>With respect to the binding effect of an arbitral award on third parties, Lebanese law generally follows the principle that an arbitral award may require the participation of third parties in its enforcement, but not to the extent of affecting their property rights. For example, third parties holding funds belonging to the award debtor may be compelled to comply with the award, such as by freezing or transferring those funds, without this directly affecting their own assets.<\/p>\n<p>In addition, third parties have limited grounds for challenging the enforcement of an award, provided that they can demonstrate a personal and direct interest in challenging the recognition of an award.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any rules \/ court decisions that regulate or prohibit third party funding of arbitration proceedings \u2013 for instance, where funding by an entity not involved in the dispute in return for a share of the eventual award may be barred \u2013 in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are currently no specific rules or court decisions in Lebanon that regulate or prohibit third-party funding of arbitration proceedings. Third-party funding remains relatively uncommon in practice and is not expressly addressed under Lebanese law. Consequently, such arrangements are neither expressly permitted nor prohibited, and their validity would likely be assessed in light of general principles of contract law and public policy on a case-by-case basis.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is emergency arbitrator relief available in your country? Are decisions made by emergency arbitrators readily enforceable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Lebanese Arbitration Law does not currently provide for emergency arbitration.<\/p>\n<p>However, with the reform of the LAMC Rules in July 2024, emergency arbitrator relief is now available in Lebanese institutional arbitrations. Article 12 of the LAMC Rules allows parties to request the appointment of a temporary arbitrator to deal with urgent matters prior to the formation of an arbitral tribunal. The emergency arbitrator may decide on claims for immediate relief within 14 days, and such decisions may be confirmed, modified, or set aside by the subsequently formed tribunal.<\/p>\n<p>While the LAMC Rules require compliance with the emergency arbitrator\u2019s orders, the enforceability of such decisions in Lebanese courts remains untested. The absence of an express provision for emergency arbitration in Lebanese law may pose challenges to immediate judicial enforcement. However, the parties are contractually bound by the LAMC Rules, which may provide a basis for enforcement under general arbitration principles.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there arbitral laws or arbitration institutional rules in your country providing simplified or expedited procedures for claims under a certain value? Are they often used?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Lebanese Arbitration Law does not provide for an expedited procedure based on the value of the claim.<\/p>\n<p>On the other hand, the LAMC Rules, which came into force in July 2024, introduced an expedited arbitration procedure for disputes under two million US dollars, making it the first set of rules in Lebanon to do so. According to Article 51 of the LAMC, the expedited procedure streamlines the process by imposing shorter deadlines for submissions, limiting procedural complexity, and allowing the arbitral tribunal to decide cases on the basis of documents alone, if necessary. While these provisions provide a more efficient option for lower value claims, the use of expedited procedures is subject to the parties&#8217; agreement and the approval of the arbitral tribunal. Given the recent introduction of the revised LAMC Rules, it remains to be seen how often these procedures will be used in practice.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the setting aside of an award that has been enforced in another jurisdiction or vice versa?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Lebanese case law does not contain any court decision directly addressing the enforcement of an award that has been set aside in the place of arbitration. While Lebanese courts are generally arbitration-friendly and respect international awards as long as they do not violate Lebanese international public policy, there is no specific precedent comparable to the French Hilmarton decision allowing the enforcement of an annulled award. Lebanese courts have asserted their independence in assessing grounds for annulment, but there is no record of enforcement of a foreign award that has been set aside in the jurisdiction where it was rendered. However, legal scholars argue that the conditions for such an enforcement may exist within the Lebanese legal framework, depending on the circumstances of each case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the issue of corruption? What standard do local courts apply for proving corruption? Which party bears the burden of proving corruption?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Recent court decisions in Lebanon have addressed corruption, with a particular focus on cases of embezzlement and misuse of public funds. A prominent example from May 2023 involved the Court of Accounts, which investigated corruption in the Ministry of Telecommunications. The court found several ministers responsible for wasting public funds through irregular contracts and payments. These decisions shed light on the abuse of government authority to sign inflated and unjustified leases and contracts.<\/p>\n<p>In terms of legal standards, Lebanese courts apply a variety of evidentiary rules depending on the context. Corruption cases typically involve financial misconduct, bribery, and abuse of public office. Under Lebanon&#8217;s Anti-Corruption Law No. 175\/2020, certain bodies, such as the National Anti-Corruption Committee, are empowered to investigate and refer cases to the courts. In these proceedings, evidence such as financial transactions, administrative decisions, and documentation of unauthorized payments are central to proving corruption.<\/p>\n<p>The burden of proof is usually on the prosecution (or the Claimant in civil cases) to prove that corruption occurred, in accordance with standard legal procedures. However, officials involved in such cases are given the opportunity to defend themselves. Evidence is usually based on financial audits, documentation of illegal transactions, and other formal records that show abuse of authority or public funds.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country with respect to intra-European investor-State arbitration generally or enforcement of awards stemming from proceedings of this nature? Are there any pending decisions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no publicly known Lebanese court decision specifically dealing with intra-European investor-State arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have arbitral institutions in your country implemented reforms towards greater use of technology and a more cost-effective conduct of arbitrations? Have there been any recent developments regarding virtual hearings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Recent reforms in Lebanese arbitral institutions, as reflected in the LIAC-BBA Rules of 2015 and the LAMC Rules of 2024, demonstrate a clear shift towards greater use of technology and cost-effective arbitration practices. Article 25 of the LIAC-BBA Rules empowers arbitral tribunals to hold hearings by videoconference in exceptional circumstances, while Article 31 of the LAMC Rules goes further by permitting hearings to be held remotely depending on the circumstances of the case and after consultation with the parties. In addition, Article 21 of the LAMC Rules allows arbitral tribunals to hold meetings and hearings at any location or via telecommunications without requiring physical presence, further facilitating virtual hearings.<\/p>\n<p>Cost-effectiveness is also emphasized, with Article 18 of the LIAC-BBA Rules encouraging arbitral tribunals to avoid unnecessary delay and expense. Similarly, Article 51 of the LAMC Rules provides for an expedited arbitration procedure (see Question 36) that allows the dispute to be resolved on the basis of written submissions alone or through remote hearings. These provisions highlight a growing trend toward using technology to increase efficiency of arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments in your jurisdiction with regard to disputes involving ESG issues such as climate change, sustainability, social responsibility and\/or human rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There have been no significant recent developments in the Lebanese legal framework regarding climate change, sustainability, social responsibility and\/or human rights. The current system does not provide for specific judicial procedures or legal mechanisms to address or enforce these issues, such as the r\u00e9f\u00e9r\u00e9-libert\u00e9 in France or the Public Interest Litigation in India. Although certain instruments, such as the Lebanese Mediator of the Republic, have been provided for by law (Law of 4 February 2005), they remain inactive, existing only on paper. As a result, climate and human rights litigation in Lebanon has largely been driven by activists and civil society organizations filing cases against state authorities before the State Council (the country\u2019s exclusive administrative court). The most recent example is a decision issued by the State Council on 13 August 2024 in a case related to quarries, which resulted in suspending the government\u2019s authorization for cement companies to operate quarries. Overall, Lebanon continues to rely on this traditional judicial dynamic to address disputes related to climate change, sustainability, social responsibility and\/or human rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have any international economic sanctions regimes been implemented (either independently, or based on EU law) in your jurisdiction recently? Have there been any recent decisions in your country considering the impact of sanctions on international arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Over the past few years, Lebanon has been subject to multinational sanctions regimes, notably from the EU and the US. For example, the U adopted a specific framework for targeted restrictive measures \u201cin view of the situation in Lebanon\u201d (asset freezes, travel bans, prohibition on making funds available) via Council Regulation \/ Decision in July 2021, which has since been renewed until 31 July 2026. The United States maintains its own \u201cLebanon-Related Sanctions\u201d program, including Executive Order 13441 (2007) targeting persons undermining Lebanon\u2019s sovereignty or democratic processes.<\/p>\n<p>Although there have been no recent decisions explicitly addressing the impact of international economic sanctions, existing case law suggests that Lebanese courts may be inclined to consider international economic sanctions as part of the Lebanese international public policy, particularly in the context of international arbitration.<\/p>\n<p>For example, Lebanese courts have clarified that the rules governing international arbitration are grounded on a broader concept of international public policy that goes beyond the narrower economic concept of Lebanese public policy (Court of Cassation, 20 November 2001, Decision 141\/2001). This broader concept could theoretically encompass international sanctions, especially when they affect the fairness or legality of arbitral proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country implemented any rules or regulations regarding the use of artificial intelligence, generative artificial intelligence or large language models in the context of international arbitration?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Lebanon has not yet implemented specific rules or regulations regarding the use of artificial intelligence (AI), including generative AI or large language models, in the context of international arbitration. As highlighted by the UN-ESCWA in its 2020 Report for an AI Strategy for Lebanon, Lebanon is still in the early stages of developing an AI strategy. The country is currently focused on ensuring the prerequisites for AI infrastructure, such as affordable broadband, data centres, and digital literacy, which are not yet fully established.<\/p>\n<p>In addition, Lebanon is grappling with a series of political, economic, and social crises that have significantly slowed the legislative process, especially in areas of technological advancement. While the adoption of AI is recognized as critical to future development, including potential applications in various sectors, no concrete steps have been taken to regulate its use in international arbitration. Instead, Lebanon is working to create a foundation that would eventually allow for the regulation and integration of AI.<\/p>\n<p>Therefore, while there are currently no AI-specific rules for arbitration, Lebanon is in the preparatory phase of AI readiness, and legislative efforts in this area may progress as the infrastructure and regulatory environment improve.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">7790<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/119312","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=119312"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}