LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
• third-party opposition – third-party opposition is available before the court originally hav- ing jurisdiction to rule over the dispute in the absence of an arbitration agreement; • appeal – appeal against a domestic award is possible unless the parties waived their right to appeal in the arbitration agreement (Article 799 of the LCCP). That said, arbitral awards that have been rendered ex aequo et bono, may not be appealed unless the parties reserved their right to do so in the arbitration agreement (Article 799 of the LCCP); • retrial – a request for retrial may be brought under the same conditions that apply to court judgments before the Court of Appeal in whose jurisdiction the award was rendered. The decision of the Court of Appeal can be subject to cassation and third-party opposi- tion (Article 808 of the LCCP); and • annulment – a motion to set aside a domestic award is exclusively available in the circum- stances enumerated under Article 800 of the LCCP. The grounds for annulling awards in domestic arbitration are set out under Article 800 of the LCCP, as follows: • the award is rendered without an arbitration agreement or on the basis of an agreement that is null or void due to the expiry of the relevant time limit for rendering the award; • the award is rendered by arbitrators who were not appointed in accordance with the law; • the arbitrators fail to comply with the mission conferred upon them; • the award is issued without due respect of rights of defence; • the award does not contain the mandatory requirements related to: (i) the reliefs sought by the parties; (ii) the grounds and means substantiating the reliefs; (iii) the name of
the arbitrators; (iv) the ratio decidendi of the award, (v) the date of the award, and (vi) the signature of the arbitrators; and • violation of public policy. International Arbitration International awards can be challenged through the following means of recourse. • Appeal against the decision denying exequa- tur – the appeal has to be initiated before the Court of Appeal within 30 days from the notification of the decision refusing exequatur. The Court of Appeal’s decision rendered in this respect is subject to cassation before the Court of Cassation. • Annulment of international awards rendered in Lebanon pursuant to Article 819 of the LCCP, on the grounds set out in Article 817 of the LCCP, as follows: (a) the award is rendered without an arbi - tration agreement or on the basis of an agreement that is null or void due to the expiry of the relevant time limit for render- ing the award; (b) the award is issued by arbitrators not ap- pointed in accordance with the law; (c) the arbitrators fail to comply with the mis- sion conferred upon them; (d) the award is issued without due respect of the rights of defence; and (e) violation of international public policy. Awards Rendered in Foreign Jurisdictions The means of recourse available against foreign awards are the following. • Appeal against the decision refusing to grant exequatur to a foreign award – pursuant to Article 816 of the LCCP, the request has to be submitted within 30 days from the notification of the decision refusing exequatur. The Court
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