LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
• The Court of Cassation, located exclusively in Beirut, functions as Lebanon’s highest judicial authority. It reviews legal points of law rather than questions of fact and serves as the ulti-
TV cameras and photographers are not permit- ted in court. 1.4 Legal Representation in Court In principle, legal representatives should be a Lebanese national, and qualified in Lebanon in order to appear before the Lebanese courts. A Lebanese lawyer is required to hold a power of attorney from their client in order to represent them before the courts of law – ie, the courts of first instance, the courts of appeal and the courts of cassation. In certain instances, a special pow- er of attorney is necessary, such as for waiving claims, settling disputes, arbitrating, waiving any means of appeal, or lifting a seizure. However, for cases where the value does not exceed LBP50 million, the appointment may be made before the court of first instance through a power of attorney organised by the Mukhtar or by a statement from the client recorded in the trial session minutes (Article 379 of the LCCP as amended). Pursuant to Article 115 of the Law No 8/70, dated 11 March 1970 (Lebanese Legal Profes- sion Act), foreign lawyers may, in specific cases, plead before the Lebanese courts, provided they obtain special authorisation from the President of the Bar. Such authorisation is issued on a case-by-case basis. The LCCP outlines the circumstances in which legal representation by a lawyer is mandatory: • Article 378 of the LCCP (as amended) states that parties must be represented by a lawyer in cases where the value of the claim exceeds LBP50 million or in cases of unspecified value; and • Article 846 of the LCCP (as amended) pro- vides that in enforcement proceedings, par-
mate judicial recourse. Constitutional Council
The Constitutional Council is a key component of Lebanon’s judiciary. Its role is to oversee the constitutionality of laws and to resolve disputes arising from parliamentary and presidential elec- tions. Military Court Lebanon’s military courts operate under the jurisdiction of the Ministry of Defence and have an exceptional status within the judiciary. These courts handle offences related to military per- sonnel, and their jurisdiction extends to civilians in cases involving crimes such as espionage, treason, unauthorised contact with the enemy, and conflicts between civilians and military or security forces. 1.3 Court Filings and Proceedings Civil Court Proceedings In civil and commercial matters, court proceed- ings are subject to the provisions of the Leba- nese Code of Civil Procedure (LCCP), issued by Legislative Decree No 90/83 and its subsequent amendments. Civil court proceedings are public and the parties are not anonymised in judgments. Pursuant to Article 484 of the LCCP, civil hearings are public unless the court decides on its own volition, or upon the request of any of the parties, to keep a hearing private in order to preserve public policy or for family privacy; however, the judgments will still be publicly announced.
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