LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
fall within the jurisdiction of the court handling the initial complaint, and not be subject to the jurisdiction of an arbitral tribunal. 3.5 Rules of Service Rules of service are provided for under Articles 397 and seq. of the LCCP. Typically, notifications are served by the bailiff, via the police, the interior security forces or a court clerk. If a party is domiciled abroad, Article 413 of the LCCP requires that notification be made via a registered letter with acknowledgement of receipt. Notification may also be made through the Lebanese embassy or consulate located in the country where notification is sought, or in accordance with the latter’s local law. 3.6 Failure to Respond According to Article 468 of the LCCP, if the defendant fails to appear before the court at the first hearing without providing a reasonable excuse, and they were personally duly notified or submitted a defence, the court may render a judgment on the merits of the case in presentia. The court, however, shall only grant the plaintiff’s claim if it finds it legally valid in form, admissible, and based on a valid legal foundation. The same article provides that if the defend- ant was not duly notified and did not submit a defence, the court may, in non-urgent cases, either on its own initiative or at the plaintiff’s request, postpone the case to a subsequent hearing, ensuring that the defendant is notified of the new date. 3.7 Representative or Collective Actions Class actions are not available under Lebanese Law. However, certain associations and unions
may bring actions for the defence of the col- lective interests of their members. For instance, trade unions and professional syndicates whose members are engaged in collective labour con- tracts are entitled to initiate legal proceedings concerning such agreement on behalf of their members. No proxy is required from the mem- bers of the association or syndicates, provided that the latter have been notified of the matter and have not objected (Article 24 of the Collec- tive Agreements, Mediation and Arbitration Law, enacted by Decree 17386/1964). 3.8 Requirements for Cost Estimate The Lebanese Legal Profession Act regulates the legal profession by addressing lawyers’ fees. Article 69 thereof states that lawyers’ fees are prima facie, agreed upon in writing between the client and the lawyer. Where no written agreement exists, the courts are competent to determine the lawyers’ fees in light of the Bar Council’s opinion, and in consideration of the importance of the case, the work undertaken by the lawyer and the situation of the client. In this vein, it is worth mentioning that the Beirut Bar Association has put in place a guideline for lawyers’ fees. These guidelines provide a scale for fees related to company incorporation, con- tract fees, annual proxies for companies, and success fees. With regard to the costs of litigation (which include court costs, judicial fees, witness, experts and other professional costs), there are no requirements to provide the clients with a cost estimate under Lebanese law.
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