LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
with mention of the court of first of instance that issued it, the date, the reasons upon which the party is relying in its request and the requests for relief (Article 655 of the LCCP). The grounds for appeal are set out under 10.4 Issues Consid- ered by the Appeal Court at an Appeal . 10.3 Procedure for Taking an Appeal The procedure for taking an appeal is provided in 10.2 Rules Concerning Appeals of Judgments . Unless otherwise provided by law, the time- frames to lodge an appeal (Article 643 of the LCCP) are as follows: • eight days from receiving notification of a decision issued by the judge of summary pro- ceedings, the President of the Enforcement Bureau, and all decisions ordering interim measures; and • 30 days from receiving notification of other types of decisions issued by the court of first instance. Unless provided otherwise by virtue of a specific text, the time limit to file an appeal starts run- ning from the day of notification of the decision (Article 643 of the LCCP). That said, the losing party may request notification of the judgment from the court clerk upon the issuance of the final judgment, and immediately file an appeal after paying the relevant fees, pursuant to Article 642 of the LCCP. 10.4 Issues Considered by the Appeal Court at an Appeal Appeals An appeal may not be made in relation to dis- putes with an amount that does not exceed LBP150 million (Article 640 of the LCCP).
On an exceptional basis, an appeal may be filed against a judgment even if the amount in dispute does not exceed LBP40 million, in the following cases: • lack of ratione materiae jurisdiction; • nullity of the judgment or nullity of the funda- mental procedures on which it is based.; • contradiction in the dispositive section of the judgment that makes it impossible to enforce; • omission to rule on any of the parties’ claims; or • ruling on a claim that was not raised by the parties, or a ruling that exceeds the claims made. The court of appeal will review the case as a whole – ie, the facts and the law (Article 659 of the LCCP). New Claims Pursuant to Article 662 of the LCCP, new claims are not allowed at the appeal stage, unless these claims: • are counterclaims and/or they arose explicitly or implicitly out of the initial claim; • relate to a set-off; • were used as defences to reject the opposing party’s claims; • aimed to decide on issues arising out of the intervention of a third party; • aimed to decide on issues arising out of the occurrence or discovery of a factual circum- stance; or • seek the same outcome as requested before the court of first instance, even if based on a new legal ground. In the absence of an objection from the oppos- ing party, new claims are in any event admissible
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