LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
ered common if it is drafted in the interest of either party) or evidences their mutual rights and obliga- tions; and • the opponent relied on the document at any time during the proceedings. Pursuant to Article 205 of the LCCP, if a party substan- tiates its request, or if the opposing party admits pos- session of the document or remains silent, the court shall order the production of the document either immediately or within a specified timeframe. However, if the opposing party denies possession of the document, and the requesting party fails to provide sufficient evidence to support its claims, the opposing party must assert under oath that the disputed docu- ment either does not exist, that they are unaware of its existence or whereabouts, or that they have neither concealed it nor been negligent in searching for it. 5.5 Legal Privilege According to Article 203 of the LCCP, a party may request the opponent to produce any document essential for the outcome of the dispute, provided that: • the law allows the above party to request such document production or deliverance; • the document is common between the requesting party and the opponent (the document is consid- ered common if it is drafted in the interest of either party) or evidences their mutual rights and obliga- tions; and • the opponent relied on the document at any time during the proceedings. Pursuant to Article 205 of the LCCP, if a party substan- tiates its request, or if the opposing party admits pos- session of the document or remains silent, the court shall order the production of the document either immediately or within a specified timeframe. However, if the opposing party denies possession of the document, and the requesting party fails to provide sufficient evidence to support its claims, the opposing party must assert under oath that the disputed docu- ment either does not exist, that they are unaware of
its existence or whereabouts, or that they have neither concealed it nor been negligent in searching for it. 5.6 Rules Disallowing Disclosure of a Document There are no particular rules in the LCCP with respect to disallowing disclosure of a document. Depending on the nature of the documents, they may be sub- ject to specific rules or regulations, such as banking secrecy laws, professional regulations, privacy pro- tection, etc. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief As mentioned in 4.1 Interim Applications/Motions , the trial judge and the judge of summary proceedings may order provisional and protective measures that necessitate relief to be granted as a matter of urgency, in order to protect rights. Additionally, a creditor may request the president of the Enforcement Bureau to order a provisional sei- zure on the debtor’s assets, as security for its rights, provided that the creditor’s rights are due and are not contingent upon a future event. In some circumstances, such a provisional seizure may be available ex parte on the basis of a probabil- ity of success in a main action on the merits (see 6.3 Availability of Injunctive Relief on an Ex Parte Basis ). It is worth noting that the amended law on Lebanese banking secrecy (Law No 1/1956 as amended by Law No 306/2022) provides that funds held at banks operating in Lebanon may be frozen by a decision from the Special Investigation Commission as per the Lebanese Anti-Money Laundering Law. The amended law further provides that such funds may be seized by a decision of the competent courts in other circum- stances specified therein, such as in the event of cor- ruption and financial offences listed in the Lebanese Penal Code. Also, Lebanese law does not provide for injunctions to prevent parallel proceedings in a jurisdiction abroad (ie, anti-suit injunction).
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