LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
• the name of the court before which the complaint is filed; • the names, professions and residences of the plaintiff and the defendant, along with the names of their representatives, if any. Regarding legal entities, the complaint should specify the entity’s form, name, address, place of business, authorised signatory(ies) and attorney; • the facts, legal grounds, evidence and relief sought; • the date of the complaint; • the plaintiff’s signature or the signature of its legal representative. A copy of the power of attorney must be attached; and • the exhibits enclosed with the complaint. Pursuant to Article 365 of the LCCP, the subject mat- ter of the dispute is set out in the parties’ requests for relief as outlined in their initial and subsequent sub- missions. The plaintiff may file incidental requests to correct, complete, or amend the initial complaint pursuant to Article 31 of the LCCP. In the same context, Article 32 of the LCCP grants the defendant the right to file incidental claims, such as set-off requests or claims for damages incurred as a result of the trial. In this respect, it is important to note that the above- mentioned incidental claims should satisfy the require- ments provided under Article 30 of the LCCP. Specifi- cally, incidental claims must correlate with the initial claims set out in the initial complaint, fall within the jurisdiction of the court handling the initial complaint, and not be subject to the jurisdiction of an arbitral tribunal. 3.5 Rules of Service Rules of service are provided for under Articles 397 and seq. of the LCCP. Typically, notifications are served by the bailiff, via the police, the interior security forces, or a court clerk. If a party is domiciled abroad, Article 413 of the LCCP requires that notification be made via a registered let- ter with acknowledgement of receipt. Notification may also be made through the Lebanese embassy
or consulate located in the country where notification is sought, or in accordance with the latter’s local law. 3.6 Failure to Respond According to Article 468 of the LCCP, if the defend- ant fails to appear before the court at the first hear- ing without providing a reasonable excuse, and has been personally and duly notified or has submitted a defence, the court may render a judgment on the merits of the case in presentia. The court, however, shall only grant the plaintiff’s claim if it finds it legally valid in form, admissible, and based on a valid legal foundation. The same article provides that if the defendant was not duly notified and did not submit a defence, the court may, in non-urgent cases, either on its own ini- tiative or at the plaintiff’s request, postpone the case to a subsequent hearing, ensuring that the defendant is notified of the new date. 3.7 Representative or Collective Actions Class actions are not available under Lebanese Law. However, certain associations and unions may bring actions for the defence of the collective interests of their members. For instance, trade unions and pro- fessional syndicates whose members are engaged in collective labour contracts are entitled to initiate legal proceedings concerning such agreement on behalf of their members. No proxy is required from the mem- bers of the association or syndicates, provided that the latter have been notified of the matter and have not objected (Article 24 of the Collective Agreements, Mediation and Arbitration Law, enacted by Decree No 17386/1964). 3.8 Requirements for Cost Estimate The Lebanese Legal Profession Act regulates the legal profession by addressing lawyers’ fees. Article 69 thereof states that lawyers’ fees are prima facie agreed upon in writing between the client and the law- yer. Where no written agreement exists, the courts are competent to determine the lawyers’ fees in light of the Bar Council’s opinion, the importance of the case, the work undertaken by the lawyer, and the situation of the client.
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