LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
6.2 Arrangements for Obtaining Urgent Injunctive Relief The LCCP does not provide a particular timeframe in which the judge must issue urgent injunctive relief. However, it does provide that the judge should render their decision without delay (Article 583 of the LCCP). In addition, when the circumstances so require, the judge may decide to hear the parties outside of court hours and during public holidays (Article 582 of the LCCP). 6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief can be obtained on an ex parte basis pursuant to Article 593 of the LCCP onwards. 6.4 Liability for Damages for the Applicant The applicant may be held liable for damages suffered by the respondent if the former abused their right in bringing a lawsuit (Articles 10 and 551 of the LCCP). As such, the applicant may be subject to a penalty, ranging from LBP2 million to LBP100 million (Article 11 of the LCCP). 6.5 Respondent’s Worldwide Assets and Injunctive Relief As a general rule, Lebanese courts have jurisdiction over assets located within Lebanese territory, as this is a matter of national sovereignty. Unless provided otherwise in a treaty concluded between Lebanon and another country, injunctive relief cannot be granted against the international assets of a respondent. 6.6 Third Parties and Injunctive Relief Injunctive relief can be obtained against third parties. For instance, a seizure may be obtained against the debtor’s assets that are in the possession of a third party. As such, the third party will be prohibited from disposing of those assets. This possibility is restricted to the following assets (Article 881 of the LCCP): • sums of money and liquid debts; • financial papers listed on the stock exchange, such as shares and bonds; • income and profits generated by companies; • parts in companies, even before the company’s dissolution; and • fungible assets and movable property.
6.7 Consequences of a Respondent’s Non- Compliance The judge of summary proceedings may order a pen- alty if the respondent fails to comply with the terms of an injunction (Article 587 of the LCCP). 7. Trials and Hearings 7.1 Trial Proceedings The trial process in civil cases is primarily conducted in writing. However, it is always possible for the court to hold a hearing, which may involve oral arguments, wit- ness examination (Articles 254–298 of the LCCP) and expert examination (Articles 308–362 of the LCCP). Specifically, under Article 459 of the LCCP, for cases not exceeding LBP40 million, or in urgent matters, the judge may set a hearing date immediately after the lawsuit is filed, without requiring any written exchange of submissions. 7.2 Case Management Hearings The LCCP does not provide for the case management hearing system. The court has discretionary power over the organisation of hearings in civil matters. As noted in 7.1 Trial Proceedings , some proceedings may be conducted without the exchange of written submissions and others may be conducted without hearings. The case before the summary judge is heard during the session held by the judge on the day and at the time decided by the judge. The notice period for sum- moning the parties is one full day unless the judge decides to shorten this period. The judge may also authorise the summoning of the parties within a period the judge determines, either to the court, the location of the dispute, or even their residence, including on official holidays and outside of regular working hours. In such cases, the judge appoints one of the bailiffs to deliver the decision to shorten the notice period (Article 582 of the LCCP). 7.3 Jury Trials in Civil Cases This is not applicable in this jurisdiction.
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