LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
6.5 Respondent’s Worldwide Assets and Injunctive Relief As a general rule, the Lebanese judge has jurisdiction over assets located within Leba- nese territory, which is a matter of sovereignty. Unless provided otherwise in a treaty concluded between Lebanon and another country, injunc- tive relief cannot be granted against the interna- tional assets of a respondent. 6.6 Third Parties and Injunctive Relief Injunctive relief can be obtained against third parties. For instance, a seizure may be obtained against the debtor’s assets that are in the pos- session of a third party. As such, the third par- ty will be prohibited from disposing of those assets. This possibility is restricted to the fol- lowing assets (Article 881 of the LCCP): • sums of money and liquid debts; • financial papers listed on the stock exchange, such as shares and bonds; • income and profits generated by companies; • parts in companies, even before the com- pany’s dissolution; and • fungible assets and movable property. 6.7 Consequences of a Respondent’s Non-compliance The judge of summary proceedings may order a penalty if the respondent fails to comply with the terms of an injunction (Article 587 of the LCCP). 7. Trials and Hearings 7.1 Trial Proceedings The trial process in civil cases is primarily con- ducted in writing. However, it is always possible for the court to hold a hearing, which may involve oral argu-
ments, witness examination (Articles 254–298 of the LCCP) and expert examination (Articles 308–362 of the LCCP). Specifically, under Article 459 of the LCCP, for cases not exceeding LBP40 million, or in urgent matters, the judge may set a hearing date imme- diately after the lawsuit is filed, without requiring any written exchange of submissions. 7.2 Case Management Hearings The LCCP does not provide for the case man- agement hearing system. The court has discre- tionary power over the organisation of hearings in civil matters. As noted in 7.1 Trial Proceed- ings , some proceedings may be conducted without the exchange of written submissions and others may be conducted without hearings. The case before the summary judge is heard in the session held by the judge on the day and time decided by the judge. The notice period for summoning the parties is one full day unless the judge decides to shorten this period. The judge may also authorise the summoning of the par- ties within a period the judge determines, either to the court, the location of the dispute, or even their residence, including on official holidays and outside of regular working hours. In such cases, the judge appoints one of the bailiffs to deliver the decision to shorten the notice period (Article 582 of the LCCP). 7.3 Jury Trials in Civil Cases This is not applicable in this jurisdiction. 7.4 Rules That Govern Admission of Evidence The burden of proof lies with the party assert- ing a fact, and what is to be proved should be relevant to the dispute and possible to prove (Article 132 of the LCCP). The court may order
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