LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
In this vein, it is worth mentioning that the Beirut Bar Association has put in place a guideline for lawyers’ fees. These guidelines provide a scale for fees related to company incorporation, contract fees, annual prox- ies for companies, and success fees. With regard to the costs of litigation (which include court costs, judicial fees, and expenses related to witness, experts, and other professionals), there are no requirements under Lebanese law to provide the clients with a cost estimate. 4. Pre-Trial Proceedings 4.1 Interim Applications/Motions Each party can file a request for provisional and tem- porary measures (Article 35 of the LCCP). The trial judge and the judge of summary proceedings can order provisional and conservatory measures for the protection of rights and the prevention of harm, such as affixing of seal, setting an asset’s inventory, ordering the sequestration or selling of perishable assets and describing the status quo of a situation (Article 589 of the LCCP), upon the request of any of the parties, either in consideration of a guarantee or without it. The petitioner must demonstrate that their rights are in danger of imminent harm that necessi- tates interim relief as a matter of urgency in order to ensure their protection. The judge of summary proceedings may consider requests for urgent measures in civil and commercial cases without addressing the merits of the dispute. In this capacity, the judge may order measures aimed at removing clear violations of rights or legitimate situ- ations. 4.2 Early Judgment Applications Early judgment applications are usually related to interim relief (see 4.1 Interim Applications/Motions ) or ex parte proceedings (Articles 594–612 of the LCCP), such as the appointment of an expert, initiating estate proceedings, etc. Additionally, the LCCP provides for motions that can be raised to strike out a case before addressing its
substance. They must be filed within a certain time- frame, prior to any discussion on the merits, or other motions that could be filed at any point in the pro- ceedings (Articles 52-65 of the LCCP) to dismiss the other party’s claims (see 4.3 Dispositive Motions ). 4.3 Dispositive Motions There are two main types of defences that can be raised to dismiss a case before addressing its merits. • Procedural defences ( exception de procédure ) to dismiss the case at a preliminary stage before addressing the merits of the case are also available under Lebanese law. They include grounds such as lack of jurisdiction, lis pendens or the connectivity of the claims, the nullity of the summons or other procedural acts, a request for an extension of time, the transfer of the lawsuit due to legitimate doubts, or the existence of a family relationship (Articles 52–68 of the LCCP). These procedural defences must be raised at the outset of the trial, prior to any discussion of the merits of the case or any inad- missibility defence, unless the grounds for such defences arise at a later stage during the proceed- ings. • Defences of inadmissibility ( fins de non-recevoir ) whose aim is to declare the opposing party’s claim inadmissible, without addressing its merits, due to an alleged absence of the right to bring the case. The defences of inadmissibility include lack of standing, lack of interest, res judicata, or the expiration of procedural deadlines. The defence of prescription (statute of limitations) is also consid- ered a defence of inadmissibility (Articles 62-65 of the LCCP). These defences can be raised at any stage of the proceedings, either upon the request of a party, or by the court if the defence relates to public policy. 4.4 Requirements for Interested Parties to Join a Lawsuit The LCCP provides for the possibility of third-party joinder or intervention. The third party thus becomes a party to the proceedings (Articles 36 et seq of the LCCP). Article 38 of the LCCP provides that any party to the trial may request the joinder of a third party either to have the judgment rendered in their pres- ence, to seek their condemnation with respect to
593 CHAMBERS.COM
Powered by FlippingBook