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BIALL Supplier of the year 2014
Wildy & Sons Ltd, winner of the 2014 ‘BIALL Supplier of the Year Award’.

Arbitration in Lebanon: The Civil Law Practice

Subjects:
Comparative Law, Public International Law, Wildy, Simmonds and Hill, Arbitration and Dispute Resolution
Contents:
PART I INTRODUCTION
1 A Brief History 3
1.1 Phoenicians 4
1.2 Roman Rule 6
1.3 Byzantine and Arab Era 7
1.4 Crusades 9
1.5 Ottoman Rule 11
1.6 French Rule 14
1.7 Independence 15
1.8 Palestinian Exile 16
1.9 Civil War 19
1.10 Syrian Occupation, Israeli Withdrawal and the Cedar
Revolution 20
1.11 Today 22
2. Arbitration and Lebanon 33
3. The New York Convention 36
4. Sources of Arbitration Law 43
5. Arbitral Institutions and their Rules 46
5.1 Arbitration Centres 46
5.2 Conciliation 47
5.3 Arbitration 48
5.4 Court of Arbitration and Arbitral Tribunal 49
5.5 Request for Arbitration, Answer to the Request and Counter-claim 50
5.6 Agreement to Arbitrate and Place of Arbitration 51
5.7 Terms of Reference and Arbitral Proceedings 53
5.8 Awards, Costs and Enforceability 55
5.9 ICC – Lebanon Chapter 57
5.10 Ad Hoc Arbitrations 60

PART II DOMESTIC ARBITRATION
6. Arbitration Clauses and Submission Agreements 65
6.1 Introduction 65
6.2 Arbitration Clauses and Submission Agreements 66
6.3 Extension of Arbitration Clause to Non-Signatories 70
6.4 Arbitrability of Disputes 73
6.5 Criminal Matters 76
6.6 Insolvency and Bankruptcy 77
6.7 Commercial Agencies and Distributorships 78
6.8 Capacity of Natural Persons 83
6.9 Capacity of Partnerships and Corporations 83
6.10 Capacity of the State and Public Authorities 85
6.11 Controversial Decisions 87
6.12 FTML v Lebanon 88
6.13 LibanCell v Lebanon 91
6.14 Walter Bau v Republic of Lebanon 92
6.15 Cases Involving the Ministry of Public Works and Transport 93
6.16 Toto Costruzioni Generali SPA v Republic of Lebanon 94
6.17 Law No 440 99
7. Establishment and Organisation of a Tribunal 103
7.1 Qualification 103
7.2 Appointment 104
7.3 Challenge, Removal and Disqualification 108
7.4 Remuneration 111
8. Powers, Duties and Jurisdiction of a Tribunal 112
8.1 Tribunal Powers 112
8.2 Duties and Liability of Arbitrators 114
8.3 Jurisdiction 116
8.4 Termination and Expiry 119
9. Nature of the Reference 120
9.1 Effect of Arbitration 120
9.2 Types of Arbitration 121
9.3 Ad Hoc Arbitrations 121
9.4 Administered Arbitrations and Conciliations 121
9.5 Ordinary or Amiable Compositeur Arbitration 123
10. Arbitral Proceedings 126
10.1 Applicable Law 126
10.2 Procedural Law 126
10.3 Substantive Law 128
10.4 Tribunal Composition 129
10.5 Commencement of Proceedings 129
10.6 Place of Arbitration 130
10.7 Time-Limits 130
10.8 Suspension of Time 133
10.9 Joinder 135
10.10 Representation 135
10.11 Evidence, Hearing and Deliberations 136
11. Role of Courts: Before and During Proceedings 138
11.1 Appointment and Removal of Arbitrators 139
11.2 Arbitration Clause and Submission Agreement 141
11.3 Competence-Competence 141
11.4 Compliance with the LCCP 146
12. Role of Courts: Recognition and Enforcement 148
12.1 Deliberations 148
12.2 Categories 149
12.3 Form and Content 149
12.4 Effects 151
12.5 Enforcement 151
12.6 Costs of Enforcement 155
13. Role of Courts: Challenge to Awards 156
13.1 Appeal 156
13.2 Setting Aside 159
13.3 Grounds for Setting Aside 160
13.4 Retrial 167
13.5 In Absentia Awards and Tierce Opposition 168
13.6 Costs of Challenge 168

PART III INTERNATIONAL ARBITRATION
14. Arbitration Clauses and Submission Agreements 171
14.1 Introduction 171
14.2 Arbitration Clauses and Submission Agreements 173
14.3 Arbitrability of Disputes 175
14.4 Commercial Agencies and Distributorships 175
14.5 Capacity of Natural Persons 176
14.6 Capacity of Partnerships and Corporations 176
14.7 Capacity of the State and Public Authorities 176
15. Establishment and Organisation of a Tribunal 178
15.1 Qualification 178
15.2 Nationality 178
15.3 Appointment 179
15.4 Challenge, Removal and Disqualification 179
15.5 Remuneration 180
16. Powers, Duties and Jurisdiction of a Tribunal 181
16.1 Tribunal Powers 181
16.2 Duties and Liability of Arbitrators 182
16.3 Jurisdiction 183
16.4 Termination and Expiry 184
17. Nature of the Reference 185
17.1 Effect of Arbitration 185
17.2 Types of Arbitration 185
18. Arbitral Proceedings 187
18.1 Applicable Law 187
18.2 Procedural Law 188
18.3 Substantive Law 189
18.4 Amiable Compositeur 190
18.5 Tribunal Composition 191
19. Role of Courts: Proceedings 192
19.1 Intervention 192
19.2 Urgent Matters 193
19.3 Attachment of Assets 194
20. Role of Courts: Recognition and Enforcement 195
20.1 The Award 195
20.2 Res Judicata 196
20.3 Enforcement 196
21. Role of Courts: Challenge to International Awards 198
21.1 International Foreign Awards 198
21.2 International Awards Made in Lebanon 200

PART IV CONCLUSION
22. The Way Forward 205
22.1 Matters of Substance 208
22.2 Matters of Procedure 214
22.3 Other Factors 223

APPENDICES
Appendix A Lebanese Code of Civil Procedure 1983 229
Appendix B Law No 440 of 29 July, 2002 amending the LCCP 246
Appendix C LCCP (in French) 249
Appendix D Law No 440 (in French) 263
Appendix E LAC Rules for Conciliation and Arbitration 266
Appendix F Arbitrations Conducted by the LAC 295
Appendix G Awards Granted and Refused Exequatur 296
Appendix H French Code of Civil Procedure 1981 297
Appendix I Comparative Table for the LCCP and FCCP 311
Appendix J French Code of Civil Procedure 2011 314
Appendix K International Arbitration Conventions, Inter-Arab Treaties and Bilateral Investment Treaties with Lebanon 336
BIBLIOGRAPHY 341;

ISBN13: 9780854900664
ISBN: 0854900667
Published: July 2013
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



In stock.

Arbitration in Lebanon is the first publication that covers, in a single volume, the complete area of arbitration law as it stands in Lebanon and comparative analysis with French, English and other arbitration systems.

The author focuses on the advantages and pitfalls of arbitration in this once vibrant French colony, suggesting possible improvements for a way forward through a more efficient, reliable and cost effective arbitration system.

‘The subject of this excellent book is indeed a fitting and necessary contribution to the jurisprudence of the East and the West. It should come as no surprise that, with trade there comes the need to ensure that relations between merchant and customer and merchant and merchant are governed in an orderly fashion, so that disputes may be resolved with due expedition, ensuring justice for all.

The author, has indeed made a seminal contribution to the jurisprudence of alternative dispute resolution by seamlessly bringing together the doctrines of arbitration, the procedures and the manner in which disputes may be resolved, resorting to the very rich source materials that exist.

The book is, and will become, a very handy, if not indispensable reference tool to all who seek to trade within the Middle East, and especially in the Levant. All too readily, and ever more so with common sense coming to the fore, alternative dispute resolution has now become the norm, if not de rigueur, for commercial disputation and its efficacious resolution.

This book presents and supplements the lacuna that has been present for so long and so agonisingly absent from the shelves of any erstwhile learner. It will, and I am confident must be a source of reference for all those who seek to embark upon trade within the Middle East, and the author is to be congratulated for filling the vacuum that has been so void for so long.’ From the Foreword by Stephen J Stanton



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