LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country Lebanon’s legal framework has been evolving posi- tively toward encouraging recourse to arbitration and other ADR mechanisms as efficient means for resolv- ing disputes. ADR is well regarded in Lebanon, with arbitration, conciliation and mediation being the most commonly used methods. Arbitration Lebanon is regarded as an arbitration-friendly jurisdic- tion. Its arbitration framework is modern and based on French arbitration law, incorporating fundamental and well-established principles of international arbitration. Lebanese courts have consistently demonstrated a pro-arbitration approach, particularly in recognising arbitration agreements and enforcing foreign arbitral awards. Mediation Judicial mediation is another method that has gained prominence following the enactment of Law No 82, which entered into force on 18 October 2018. More recently, the Lebanese Parliament enacted Law No 286/2022 in April 2022 specifically addressing Con- ventional Mediation. This law was intended to comple- ment and strengthen the legal framework governing mediation in Lebanon. That said, practitioners remain cautious in resorting to this method of dispute reso- lution, primarily due to the absence of implementing regulations by the Ministry of Justice. With regard to conciliation, although it is not a regu- lated field, the LCCP empowers and encourages the judge in all disputes to invite the parties to reach an amicable agreement before the commencement of the proceedings. 12.2 ADR Within the Legal System As set out in 12.1 Views of ADR Within the Country , the legal system in Lebanon favours recourse to ADR, notably arbitration and mediation. Although ADR is not compulsory and does not form part of court procedures, the LCCP promotes concili- ation as an integral part of the judge’s duties (Article
375 of the LCCP). However, conciliation initiated by the judge during the court proceedings is not manda- tory, and there are no sanctions for a party’s refusal to engage in it. 12.3 ADR Institutions The main institutions offering and promoting ADR are the following. • The Lebanese Arbitration and Mediation Centre (LAMC) of the Chamber of Commerce, Industry and Agriculture of Beirut and Mount Lebanon, founded in 1995, which has its own Arbitration Rules and Mediation Rules (recently amended and entered into force on 1 July 2024). The LAMC covers training and accreditation of mediators and arbitrators and offers various facilities for the con- duct of mediation and arbitration sessions. • The Chartered Institute of Arbitrators (CIArb) Leba- non Branch, which principally serves as a forum for education and training in ADR and may sometimes act as an appointing authority. • The Lebanese and International Arbitration Centre of the Beirut Bar Association (LIAC-BBA). The Bei- rut Bar Association has established an independ- ent centre for arbitration in order to provide servic- es for domestic and international arbitration. This centre has adopted its arbitration rules. However, to the best of the authors’ knowledge, this centre is not very active. • There are also other mediation centres that aim to develop and promote mediation in Lebanon as an alternative dispute resolution method, such as the Professional Mediation Centre operating under the auspices of the Saint Joseph University of Beirut.
13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration
Arbitration proceedings in Lebanon are governed by specific provisions of the LCCP (Articles 762–808 gov- ern domestic arbitration and Articles 809–821 govern international arbitration), enacted by Decree Law No 90/83, with amendments resulting from Law No 440, dated 29 July 2002.
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