LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
• aimed to decide on issues arising out of the occur- rence or discovery of a factual circumstance; or • seek the same outcome as requested before the court of first instance, even if based on a new legal ground. In the absence of an objection from the opposing par- ty, new claims are in any event admissible before the court of appeal, pursuant to the same Article. That said, it is worth noting that requests for interest, arrears, rent dues, and other entitlements that have become due since the issuance of the judgment, as well as claims for compensation for damages arising from the judgment are not considered new claims. They may therefore be raised on appeal as additional claims. 10.5 Court-Imposed Conditions on Granting an Appeal The courts may not impose conditions on granting an appeal other than those stated by the law. As set out in 10.1 Levels of Appeal or Review to a Litigation , all judgments rendered by the courts of first instance may be appealed, unless otherwise provided by law. 10.6 Powers of the Appellate Court After an Appeal Hearing After hearing an appeal, the court of appeal either upholds or overturns the court of first instance’s judg- ment. In this regard, if the court of first instance’s judgment is overturned, then the court of appeal shall re-examine the merits of the case. The decision of the court of appeal may be challenged before the Court of Cassation ( pourvoi en cassation ), provided that certain conditions are met (Article 708 of the LCCP). 11. Costs 11.1 Responsibility for Paying the Costs of Litigation In principle, a losing party bears the costs of the suc- cessful party. These costs include court fees, witness
and expert fees, procedural expenses and attorney fees. It is worth noting that lawyers’ fees are not typi- cally reimbursed in full. In principle, costs are borne by the losing party pursu- ant to Article 541 of the LCCP. By virtue of Article 542 of the LCCP, the court may order the successful party to bear all or part of the costs if: • the losing party had acknowledged the right before the lawsuit was filed; or • the successful party caused unnecessary or addi- tional costs due to its fault, or withheld decisive documents or their contents from the opposing party. It is also worth noting that the court may allocate the costs between the parties as it deems appropriate if each party is found partially unsuccessful in its claims (Article 543 of the LCCP). Regarding the mechanisms for challenging the amounts of allocated costs, an objection may be submitted to the court clerk within three days of the notification of the judgment or the statement of costs. The court that rendered the judgment will review the objection in chambers, after summoning the parties or the objecting party to appear, with a 24-hour notice if such summons is deemed necessary (Articles 548- 550 of the LCCP). 11.2 Factors Considered When Awarding Costs The court exercises discretionary power when award- ing costs, considering the specific circumstances of the case and the parameters outlined in 11.1 Respon- sibility for Paying the Costs of Litigation .
11.3 Interest Awarded on Costs This is not applicable in this jurisdiction.
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