LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
4. Pre-trial Proceedings 4.1 Interim Applications/Motions
52-65 of the LCCP) to dismiss the other party’s claims (see 4.3 Dispositive Motions ). 4.3 Dispositive Motions There are two main types of defences that can be raised to strike out a case before addressing the substance. • Procedural defences ( exception de procé- dure ) to dismiss the case at a preliminary stage before addressing the merits of the case are also available under Lebanese law. They include grounds such as lack of jurisdic- tion, lis pendens or the connectivity of the claims, the nullity of the summons or other procedural acts, a request for an extension of time, the transfer of the lawsuit due to legitimate doubts or the existence of a family relationship (Articles 52–68 of the LCCP). These procedural defences must be raised at the outset of the trial, prior to any discussion of the merits of the case or any inadmissibility defence, unless the grounds for the procedur- al defence arise later on in the proceedings. • Defences of inadmissibility ( fins de non- recevoir ) whose aim is to declare the other party’s claim inadmissible, without address- ing its merits, due to an alleged absence of the right to bring the case. The defences of inadmissibility include lack of standing, lack of interest, res judicata, or the expiration of procedural deadlines. The defence of pre- scription (statute of limitations) is also con- sidered a defence of inadmissibility (Articles 62-65 of the LCCP). These defences can be raised at any stage of the proceedings, either upon the request of a party, or by the court if the defence relates to public policy.
Each party can file a request to order provision- al and temporary measures (Article 35 of the LCCP). The trial judge and the judge of summary pro- ceedings can order provisional and conservatory measures for the protection of rights and the pre- vention of harm, such as affixing of seal, setting an asset’s inventory, ordering the sequestration or selling of perishable assets and describing the status quo of a situation (Article 589 of the LCCP), upon the request of any of the parties, either in consideration of a guarantee or without it. The petitioner has to show that its rights are in danger of imminent harm that necessitates interim relief as a matter of urgency in order to protect its rights. The judge of summary proceedings may con- sider requests for urgent measures in civil and commercial cases without addressing the merits of the dispute. In this capacity, the judge may take measures aimed at removing clear viola- tions of rights or legitimate situations. 4.2 Early Judgment Applications Early judgment applications are usually related to interim relief (see 4.1 Interim Applications/ Motions ) or ex parte proceedings (Articles 594– 612 of the LCCP), such as the appointment of an expert, initiating estate proceedings, etc. Additionally, the LCCP provides for motions that can be raised to strike out a case before addressing its substance. They must be filed within a certain timeframe, prior to any discus- sion on the merits, or other motions that could be filed at any point in the proceedings (Articles
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