LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
1. General 1.1 General Characteristics of the Legal System Lebanon has a civil law legal system, so follows the inquisitorial model. The legal process is con- ducted primarily through written submissions. 1.2 Court System As Lebanon is a unitary state, it does not have a system of federal courts. The judiciary in Leba- non is divided into two primary branches: • Judicial Courts, which operate across three levels and handle both criminal and civil mat- ters; and • Administrative Courts, which deal with dis- putes related to administrative matters. The State Council ( Conseil d’État ) is currently the sole judicial authority overseeing administra- tive disputes, as lower-level administrative courts have yet to be established. There are also special courts with subject matter jurisdiction, such as the military and the religious courts (dealing with matters related to personal status). Civil Court Chambers The civil courts are responsible for adjudicating civil disputes. They are divided into chambers, depending on the nature of the dispute, as fol- lows. • The Commercial Chamber, which handles commercial and financial disputes related to business and trade. • The Financial Chamber, which oversees dis- putes related to financial claims. • The Real Estate Chamber, which adjudicates property and real estate matters.
• The Personal Status Chamber, which deals with issues related to nationality, inheritance, civil marriage and similar matters. In addition to the above, there are special cham- bers for lease disputes, labour law issues and bankruptcy cases. Civil courts also include sin- gle-judge chambers for summary proceedings and an Enforcement Bureau, which manages enforcement procedures. Structure of the Civil Courts The civil courts are divided as follows. • Courts of first instance, either presided over by a single judge or a panel of three judges, depending on the complexity and value of the case. A sole judge typically handles specific matters, such as lease disputes or claims of lesser value, while more complex cases are heard by a panel. (a) The timeframe of the proceedings is affected by various factors such as sub- ject matter and complexity (eg, the need to appoint an expert), as well as other factors which may or may not be within the parties’ control. Generally, the time between commencing proceedings and getting to trial ranges between two and six months in normal circumstances and if notification is not delayed. However, in recent years, the time to reach trial has often been prolonged due to the ongoing situation in Lebanon, with factors such as strikes and other disruptions contributing to the delays. • Courts of appeal, which are based in the administrative centre of each district ( Mou- hafazat ) serve as second-instance courts that review the decisions of the courts of first instance.
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