LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
1.4 Legal Representation in Court In principle, legal representatives should be Lebanese nationals and qualified in Lebanon in order to appear before the Lebanese courts. A Lebanese lawyer is required to hold a power of attorney from their client to represent them before the courts of law – namely, the courts of first instance, the courts of appeal and the Court of Cassation. In certain cases, a special power of attorney is required, such as to waive claims, set- tle disputes, submit to arbitration, waive any right of appeal or lift a seizure. However, for cases where the value does not exceed LBP50 million, the appointment may be made before the court of first instance through a power of attorney organised by the Mukhtar or by a declaration from the client recorded in the trial session minutes (Article 379 of the LCCP as amended). Pursuant to Article 115 of Law No 8/70, dated 11 March 1970 (Lebanese Legal Profession Act), the President of the Bar may authorise foreign lawyers to plead before the Lebanese courts in a specific case, provided that reciprocity exists with the Bar associa- tion to which the lawyer belongs. Such authorisation is granted on a case-by-case basis. The LCCP outlines the circumstances in which legal representation by a lawyer is mandatory: • Article 378 of the LCCP (as amended) states that parties must be represented by a lawyer in cases where the value of the claim exceeds LBP50 million or in cases of unspecified value; and • Article 846 of the LCCP (as amended) provides that in enforcement proceedings, parties must be rep- resented by a lawyer where the value of the claim exceeds LBP50 million. The same applies to par- ties objecting to enforcement, pursuant to Article 855 of the LCCP. Specific considerations: • The appointment of a legal representative is not required before the Labour Arbitral Council, the competent judicial authority for adjudicating labour disputes.
timeframe has often been extended due to the prevailing situation in Lebanon, with factors such as strikes and other disruptions contribut- ing to delays. • Courts of appeal, which are based in the adminis- trative centre of each district ( Mouhafazat ) serve as second-instance courts that review the judgments of the courts of first instance. • The Court of Cassation, located exclusively in Beirut, functions as Lebanon’s highest judicial authority. It reviews legal points of law rather than questions of fact and serves as the ultimate judicial recourse. Constitutional Council The Constitutional Council is a key component of Lebanon’s judiciary. Its role is to oversee the consti- tutionality of laws and to resolve disputes arising from parliamentary and presidential elections. Military Court Lebanon’s military courts operate under the jurisdic- tion of the Ministry of Defence and hold an exceptional status within the judiciary. These courts hear offences related to military personnel, and their jurisdiction also extends to civilians in cases involving crimes such as espionage, treason, unauthorised contact with the enemy, and conflicts between civilians and military or security forces. 1.3 Court Filings and Proceedings Civil Court Proceedings In civil and commercial matters, court proceedings are subject to the provisions of the Lebanese Code of Civil Procedure (LCCP), issued by Legislative Decree No 90/83 and its subsequent amendments. Civil court proceedings are public, and the parties are not anonymised in judgments. Pursuant to Article 484 of the LCCP, civil hearings are public unless the court, either on its own volition or at the request of one of the parties, decides to hold the hearing in private to preserve public policy or family privacy; nevertheless, the judgments will be publicly announced. TV cameras and photographers are not permitted in court.
589 CHAMBERS.COM
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