LEBANON Law and Practice Contributed by: Mohamed Alem, Mazen Ghosn and Rana Kahwagi, Alem & Associates
argued that such measures include orders for security for costs.
In addition, arbitrators are required to comply with the provisions of international public policy and the funda - mental principles of civil procedure, in particular those related to due process, the reasoning of a judgment, and the applicable rules of the arbitral institution (Arti - cle 777 of the NCPC). Arbitrators are also expected to conduct the proceedings to their conclusion, unless there is a legitimate reason not to do so (Article 769 (3) of the NCPC). They are also obliged to render a final award within the time allotted and in accordance with the terms of their mandate (Article 817 of the NCPC). Finally, given the contractual nature of the relationship between the arbitrators and the parties, the arbitrators may be held liable for damages for non-performance or improper performance in application of the com - mon law conditions set forth in the Lebanese Civil Code. 7.4 Legal Representatives According to Article 378 of the NCPC, each party must be represented by a lawyer in cases where the value of the dispute exceeds LBP1 million, or in cases where there is no quantification of damages, or in all other cases where the law requires the assistance of a lawyer. Parties cannot waive their obligation to be represented by a lawyer. While some commentators believe that the above pro - visions apply equally to domestic and international arbitration, a distinction should be made between the two categories of arbitration. As explained in 7.1 Governing Rules , unlike domestic arbitration, which is always governed by the provisions of the NCPC, the choice of procedural rules in international arbitration is left to the agreement of the parties. Accordingly, in international arbitration, parties often deviate from the NCPC and thus from the obligation to be represented by a lawyer. It follows that no particular qualification is required for legal representatives appearing in inter - national arbitration in Lebanon. 8. Evidence 8.1 Collection and Submission of Evidence As is generally the case in civil law countries, Lebanon has an inquisitorial system in which the court has the
7. Procedure 7.1 Governing Rules
According to Article 811 of the NCPC, the choice of procedural rules is left to the agreement of the par - ties or, in the absence of any such agreement, to the arbitral tribunal. The parties may choose their own procedural rules, either directly or by reference to the rules of an arbitral institution, although it should be noted that, pursuant to Article 812 of the NCPC, Articles 762 to 792 of the NCPC, which apply to domestic arbitrations, apply to international arbitrations, unless the parties expressly agree otherwise. Pursuant to Article 813 of the NCPC, if the arbitration agreement is silent on the procedural rules govern - ing the arbitration, the arbitral tribunal has the dis - cretion to choose or formulate the rules as it deems appropriate, taking into account business practices and customs. 7.2 Procedural Steps The Lebanese Arbitration Law does not provide for any mandatory procedural steps for arbitration pro - ceedings. 7.3 Powers and Duties of Arbitrators As noted in 5.1 Challenges to Jurisdiction , 6.1 Types of Relief and 7.1 Governing Rules , arbitrators have broad powers under Lebanese law with respect to matters relating to their jurisdiction, the applicable procedural matters, and the interim measures and remedies that may be granted. With respect to their duties, arbitrators must remain impartial and independent at all times, failing which they may be challenged and disqualified (see 4.5 Arbi- trator Requirements ). As a result, arbitrators have a duty to disclose to the parties any information that might cast doubt on their impartiality (see 4.4 Chal- lenge and Removal of Arbitrators and 4.5 Arbitrator Requirements ).
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