LEBANON Law and Practice Contributed by: Mohamed Alem, Mazen Ghosn and Rana Kahwagi, Alem & Associates
4.4 Challenge and Removal of Arbitrators If an arbitrator is challenged in an institutional arbitra - tion, the parties must follow the procedure set out in the institutional rules. With respect to ad hoc arbitration, the NCPC section governing international arbitration does not provide a specific procedure for challenging and removing arbitrators. This has led Lebanese courts to follow the procedural rules set forth in the NCPC provisions governing domestic arbitration in matters of challenge of arbitrators (Court of Appeal of Beirut, 10 December 2001, Decision 1778/2001). Pursuant to Article 770 of the NCPC, which governs the challenge and removal of arbitrators in domestic arbitration, arbitrators may only be removed with the unanimous consent of the parties. Challenges to the arbitrator(s) must be based on grounds that have come to the parties’ attention after the appointment of the arbitrator(s). It should be noted that, pursuant to Article 769 (2) of the NCPC, the arbi - trators are obliged, upon their appointment, to dis - close possible grounds for their challenge. It follows that the grounds for challenge may arise from facts that predate the appointment of the arbitrator(s). Pursuant to Article 770 (2) of the NCPC, the grounds for challenging an arbitrator are the same as those for challenging a judge. These grounds are set out in Articles 120 and 130 of the NCPC, and must be interpreted restrictively and pertain essentially to the personal ties of the arbitrator(s), including: • kinship ties with a party or with another arbitrator; • personal interest of the arbitrator(s) with one of the parties or in relation to the case; • prior knowledge of the case in the capacity of authorised representative, legal counsel or arbitra - tor; and • enmity or friendliness with one of the parties to an extent that is likely to affect their impartiality. Pursuant to Article 770 (3) of the NCPC, the parties may challenge against the arbitrator(s) before the competent court of first instance within 15 days from the discovery of the ground for challenge. However,
rules, which, in turn, may provide for the formation of an arbitral tribunal composed of an even number of arbitrators. This has been confirmed by the Leba - nese courts, which have repeatedly granted exequatur to international arbitral awards rendered by tribunals composed of an even number of arbitrators (Court of First Instance of Beirut, 17 July 1991, Decision 197/3; Court of Appeal of Beirut, 16 May 2012, Decision 832/2012). 4.2 Default Procedures Pursuant to Articles 810 and 774 of the NCPC, if the parties fail to appoint arbitrators and the arbitral insti - tution administering the arbitration does not intervene to appoint the arbitrator(s), or if there is no such insti - tution and no alternative appointing authority (as is the case in ad hoc arbitrations), the President of the Court of First Instance acting in support of the arbi - tration may intervene and appoint the arbitrator(s). The decision of the President of the Court of First Instance must be made in a timely manner and cannot be challenged. However, parties may lodge an appeal against the decision of the President of the Court of First Instance refusing to appoint arbitrator(s) on the grounds that the arbitration agreement is null and void or insufficient. Moreover, the NCPC does not provide for a specific procedure applicable to multiparty arbitrations. How - ever, in a decision issued on 19 October 2010, the Court of Appeal of Mount Lebanon held that, where different respondents have separate legal personali - ties and interests, they should not be forced to choose only one arbitrator, in accordance with the principle of the equality of parties in the appointment of arbitra - tors, which the court qualified as a principle of public policy. 4.3 Court Intervention State courts intervene in the selection of arbitrators only when the method of appointment chosen by the parties fails (see 4.2 Default Procedures ), or when arbitrators are challenged and removed in ad hoc arbi - trations (see 4.4 Challenge and Removal of Arbitra- tors ).
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