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Lebanon

ASAS LAW

Part I: what can be enforced?

1. What counts as an arbitral “award” that can be enforced?

Lebanese law dedicates a full chapter of the Lebanese Code of Civil Procedure (LCCP) to arbitration (Arts 762–821 LCCP). In general, and subject to limited exceptions, an arbitration award rendered on the basis of a valid arbitration agreement/clause will be enforceable in Lebanon. Enforcement starts by applying to the competent Lebanese first instance court for a writ of execution (exequatur), which shall eventually be affixed to the arbitration award itself following review by the court’s presiding judge of original copies of the award and the arbitration agreement.

Domestic arbitration agreements may include any civil or commercial dispute that is “settleable” in nature (Art 762 LCCP) and international arbitration is defined as “any arbitration relating to the interests of international trade/commerce” (Art 809 LCCP).

For an arbitration clause under domestic law to be valid, it must be made in writing either in the agreement itself or incorporated by reference. It must include the designation of the arbitrator(s) by name or function/title, or alternatively their appointment modality (Art 763 LCCP). When it comes to international arbitrations, Art 819 LCCP does not require the arbitration agreement to designate the arbitrators or their numbers nor does it require the arbitration agreement/clause to be made in writing. However, a written agreement will be required when applying for exequatur (Art 814 LCCP).

Pursuant to Art 762 LCCP, applicable to arbitration under domestic rules as well as international arbitrations that are subject to Lebanese law (Art 812 LCCP), the state and other public entities may take part in arbitration regardless of the nature of the contract, provided that arbitration in administrative contracts is approved by decree resolved in the Council of Ministers. However, Art 809 LCCP, applicable to international arbitration, does not expressly provide for such a requirement; it simply states that the state as well as all public legal persons may resort to international arbitration.

2. Formal requirements that an award needs to conform with to be enforceable

Pursuant to Arts 790–791 LCCP, applicable to domestic arbitration, the arbitral award must be signed by all arbitrators, unless dissenting arbitrators refuse to sign it, whereupon the remaining arbitrators shall mention such refusal and the award will have the same effect as an award signed by all arbitrators. The award must additionally comprise the following:

  • the name(s) of the arbitrator(s)
  • the date and place of the award issuance
  • the full names and denominations of the parties and their counsel
  • a summary of the parties’ positions, reliefs and supporting evidence
  • the reasoning of the award and the dispositive part

The above conditions also apply to international arbitrations that are subject to Lebanese law (ie, seated in Lebanon), unless the parties have agreed otherwise (Art 812 LCCP).

As for foreign international arbitrations, the award shall be granted exequatur (the writ of execution) upon the applicant proving the existence of the said award by producing its original together with the arbitration agreement/clause, provided the award does not manifestly contravene international public law and order (Art 814 LCCP).

3. Orders on interim measures: enforceability

a. Domestic awards

Article 789 LCCP expressly provides for the arbitral tribunal’s right to order interim or provisional measures as required by the nature of the dispute, in accordance with Art 589 LCCP, applicable to state court proceedings, which allows the judge (and hence the arbitrator) investigating the dispute to issue all provisional and interim measures to preserve rights and prevent damage, further to a party’s request. The arbitrator(s) may also issue temporary decisions as well as partial awards, prior to issuance of the final award (Art 789 s3 LCCP).

b. International commercial arbitration awards

The LCCP does not expressly tackle the question of orders on interim measures issued in international commercial arbitration.

For international commercial arbitrations that are subject to Lebanese law and unless otherwise agreed between the parties, the provisions of Art 812 LCCP read in conjunction with Art 789 LCCP (see question I(3)(a) above) entail that the arbitral tribunal may issue interim or provisional measures.

For other international commercial arbitrations, based on Art 813 LCCP which provides that the arbitrator(s) will resolve the dispute in accordance with the legal rules elected by the parties, provisional or interim measures would be recognised to the extent that the arbitration rules elected by the parties grant the arbitrators the right to issue such orders or measures. In any event, for these orders to be enforceable, they should not violate public law and order or infringe on an exclusive state jurisdiction.

4. Emergency awards: enforceability

a. Domestic awards

Lebanese legislation does not expressly provide for emergency awards.

b. International commercial arbitration awards

Lebanese legislation does not expressly provide for emergency awards.

 

Part II: resisting enforcement

5 a. How are awards set aside?

Awards are set aside either directly by proceedings aiming at annulment of the award itself, or indirectly by resisting their enforcement. In any event, the grounds for setting aside an award are strictly limited as shall be addressed under question II(5)(d) below.

i. Set-aside proceedings targeting the award itself

  • Domestic awards may be set aside by filing an annulment recourse against the award (Art 800 LCCP). They may also be set aside by appealing the award but only if the parties had not waived such an appeal right (Art 799 LCCP). Retrial proceedings (Art 808 LCCP) and third-party opposition (Art 798 LCCP) may also be filed, noting that these are extraordinary appeal recourses that are subject to very strict and limited conditions (630 LCCP).
  • International awards rendered in Lebanon may be set aside by filing an annulment recourse (Art 819 LCCP).
  • As for foreign international arbitration awards, the LCCP does not expressly provide for filing an annulment recourse against the award itself. However, it may be argued that such a recourse may be filed on the basis of Art 815 LCCP read in conjunction with Art 797 LCCP.

ii. Indirect set aside by resisting exequatur

  • The decision granting exequatur of domestic awards and international awards rendered in Lebanon is not itself appealable; however, appealing the arbitral award or filing annulment proceedings against it (as explained under question II(5)(a)(i) above) necessarily constitutes an appeal against the exequatur decision as applicable (Arts 805 and 819 LCCP).
  • For foreign international awards or awards rendered outside Lebanon, the decision granting exequatur may be appealed (Art 817 LCCP).

b. Can enforcement be resisted if the respondent has not formally applied to set aside the award?

As mentioned under question II(5)(a) above, for domestic arbitrations and international arbitrations seated in Lebanon, exequatur may not be resisted unless the respondent formally applies to set aside the award (Arts 805 and 819 LCCP). For international awards rendered outside Lebanon, the decision granting exequatur may be appealed without filing proceedings to set aside the award (Art 817 LCCP).

c. Can non-parties seek annulment?

For domestic arbitrations, the award may be appealed by a non-party within the confines of the third-party objector’s interests if the conditions of “third party opposition/objection” are complied with (Art 798 LCCP). In general, a third-party opposition is a procedure aiming at revoking or amending a judgment in the interest of the third-party objector. The third-party objection opens the dispute anew in those aspects relating to the third-party objector both in fact and law (Art 671s LCCP).

Unlike the sections relating to the rules of arbitration in domestic law, the LCCP chapter on international arbitration does not expressly provide for third-party objection to the award. However, it may be argued that under general principles of law, a person having a legitimate interest and capacity to seek a right, should have the right to file suit in realisation of that right.

d. Grounds to seek setting aside

The grounds for setting aside an arbitration award vary between domestic arbitration, international arbitration held in Lebanon and international arbitration held outside Lebanon.

Domestic awards: pursuant to Art 800 LCCP, notwithstanding any agreement to the contrary, it is possible for the parties to challenge the arbitral award by way of annulment on one (or more) of the following grounds only:

  • The award has been 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 was rendered by arbitrator(s) that have not been appointed in accordance with the law.
  • The award exceeds the limits of the arbitrators’ mission (the terms of reference).
  • The arbitral award was rendered without respecting the parties’ right of defence.
  • The arbitral award did not include all the mandatory elements, for instance the claims of the parties, the reasons and means supporting their claims, the names of the arbitrators, the reasons for the decision, the decision’s date and scope, and the signatures of the arbitrators.
  • The arbitral award violates a rule of public law and order (public policy).

An international arbitration award rendered in Lebanon may be annulled solely on one of the following grounds (Arts 817–819 LCCP):

  • The award has been 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 arbitrator(s) that have not been appointed in accordance with the law.
  • The award exceeds the limits of the arbitrators’ mission (the terms of reference).
  • The arbitral award was rendered without respecting the parties’ right of defence.
  • The arbitral award violates international public law and order.

An international arbitration award rendered outside Lebanon may be indirectly set aside through appeal against the decision granting exequatur on the limited grounds explained under question II(5)(f) below.

e. Timelines to seek setting aside

The deadline for a party to file a request to set aside an arbitral award or to resist enforcement by filing an appeal against exequatur (as applicable) is 30 days from the day the exequatur decision is served on the said party (Arts 802 and 818–819 LCCP).

f. Grounds to resist enforcement

As mentioned above, resisting enforcement of a domestic award or an international award rendered in Lebanon is done indirectly through filing annulment proceedings on the limited grounds explained above (see question II(5)(d)).

As for foreign international awards or awards rendered outside Lebanon, the decision granting exequatur may be appealed on the following grounds (Art 817 LCCP):

  • The award has been 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 arbitrator(s) that have not been appointed in accordance with the law.
  • The award exceeds the limits of the arbitrators’ mission (the terms of reference).
  • The arbitral award was rendered without respecting the parties’ right of defence.
  • The arbitral award violates international public law and order.

g. Which court to go to for setting aside?

Pursuant to Art 802 s1 LCCP, the appeal against a domestic award or the request to set it aside is filed with the Court of Appeal where the award was rendered. Similarly, the competent court for the annulment of international awards rendered in Lebanon is the Court of Appeal where the award was rendered. Furthermore, pursuant to Art 808 LCCP, a party can set aside a domestic arbitration by filing retrial before the Court of Appeal where the award was rendered. Furthermore, according to Art 798 LCCP, a third party can file an objection against a domestic award before the court that would have been competent had the parties not referred their dispute to arbitration.

For foreign international arbitration awards, the Court of Appeal of Beirut is competent to look into the appeal against the exequatur decision (Art 815 read in conjunction with Arts 770, 793 and 797 LCCP).

h. Formal requirements before a court can grant setting aside

The court decision denying exequatur must include the reasons for such denial, and exequatur may not be denied except for one of the reasons mentioned in Art 800 LCCP.

i. Do courts grant stay on enforcement as an interim measure?

Unless it is rendered with “expedited execution”, the arbitral award becomes enforceable on (i) expiry of 30 days as of service of the exequatur decision without any recourse being filed or (ii) issuance of the appeals court decision upholding the exequatur decision or the award itself, as applicable (Arts 803 and 820 LCCP). Filing a cassation recourse against the said appeals court decision will not stay enforcement unless the cassation court decides to grant an interim stay on enforcement pending its final decision on the matter (Art 668 LCCP).

If the award is rendered with “expedited execution”, it becomes enforceable in Lebanon on obtaining the exequatur decision (Arts 803 and 820 LCCP a contrario); meaning that filing an appeal against the exequatur decision or filing annulment proceedings against the award (as applicable) will not automatically stay the award’s enforcement. However, the appeals court may, under Art 577 LCCP, grant a stay on enforcement as an interim measure. Pursuant to this Article, the Court of Appeal may, on the request of the relevant party, stay the expedited execution, if the execution’s consequences will be manifestly unreasonable given the circumstances of the case or if the grounds of appeal against the decision make it likely to be annulled. In addition, the Court of Appeal shall stay the execution in cases where the law prohibits expedited execution.

j. What is the appellate mechanism against the decision of the court of first instance?

The first instance court either grants or rejects the exequatur application for any arbitration award. If the court decides to deny exequatur, its decision is appealable before the Court of Appeal following the general appeals mechanism.

However, if the court decides to grant exequatur, its decision is subject to different appeals mechanisms depending on whether the arbitration is domestic or international:

  • The first instance court’s decision to grant exequatur to a foreign international award or one rendered outside Lebanon is appealable before the Beirut Court of Appeal following the general appeals mechanism against first instance judgments (Art 817 LCCP). The appeals decision is itself appealable in cassation.
  • The first instance court’s decision to grant exequatur to a domestic award or an international award rendered in Lebanon is not subject to appeal per se, but the annulment proceedings or the appeal against the award (both filed with the Court of Appeal) constitute ipso facto an appeal to the exequatur decision (Arts 805–819 LCCP). The Court of Appeal decision is itself appealable in cassation (Art 804 LCCP).

For arbitrations concerning disputes that would have otherwise been subject to the competence of the administrative courts, the exequatur is granted by the President of the State Council (which is the highest administrative court of the land) and the decision denying exequatur is appealable before the Administrative Litigation Commission (Art 795 LCCP).

Finally, it is to be noted that when the arbitral award is rendered in equity, appeal in cassation is only possible if the Court of Appeal has annulled the arbitral award (Art 777 LCCP).

 

Part III: enforcing foreign awards

6. New York Convention applicability

The Republic of Lebanon acceded to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (New York Convention) on 9 November 1998 through the enactment of Law No. 629/1997. Lebanon applies the New York Convention with a reciprocity reservation, meaning that the Lebanese courts will apply it only in respect of awards rendered in the territory of another contracting state.

7. Timelines for enforcement

Lebanese law does not provide for a time limit for enforcement of foreign awards. Some authors have considered that in the absence of such provision, the limitation period applicable to the rights recognised in the award should be applied; and others consider that the 10-year limitation period applicable to enforcement of judgments (Art 558 LCCP) should apply to the enforcement of arbitral awards.

The party wishing to enforce the arbitral award must first obtain the exequatur decision and notify it to the other party who shall have 30 days (from notification) to appeal against the exequatur decision or file annulment proceedings (set-aside proceedings) against the award (the “Thirty-Day Objection Period”), failing which the exequatur decision becomes executory (Arts 818–819 LCCP).

Unless the international award is itself executory in nature, its enforcement shall be stayed until expiry of the Thirty-Day Objection Period or if an appeal/annulment is filed, throughout the appeal or annulment proceedings, as applicable (Art 820 LCCP). The appeals court decision is subject to cassation recourse, except that arbitration awards rendered in equity are not subject to cassation unless they have been annulled by the appeals court (Arts 804–821 LCCP).

8. Which court to go to? Relation with location of assets?

The location of the assets is not relevant in determining the competent court for filing the exequatur proceedings. If the international arbitration is rendered in Lebanon, the exequatur request shall be filed with the court of first instance where the award was rendered. Otherwise, or if the arbitration is rendered outside Lebanon, the request shall be filed with the Beirut Court of First Instance (Arts 793, 795 and 815 LCCP).

For arbitrations concerning disputes that would have otherwise been subject to the competence of the administrative courts, the exequatur is granted by the President of the State Council which is the highest administrative court in the land (Arts 795, 815 LCCP).

However, the location of assets is relevant for taking provisional measures, such as attachments, freeze orders, or other similar measures while the arbitration is ongoing and thereafter during the execution/collection proceedings.

9. Can non-parties resist enforcement?

Unlike the sections relating to the rules of arbitration in domestic law, the LCCP chapter on international arbitration does not expressly provide for third-party objection to the award. However, it may be argued that under general principles of law, any person having a legitimate interest and capacity to seek a right, should have the right to file suit in realisation of that right. On that basis, it may be argued that a non-party may have the right to file a “third party opposition” lawsuit against the exequatur decision (or arguably the award itself), which is a procedure aimed at revoking or amending a “judgement” in the interest of the third-party objector concerning the award’s aspects relating to the third-party objector both in fact and law (Art 671s LCCP).

10. Compelling disclosure of local assets? How to identify assets available for enforcement?

In international arbitrations that are subject to Lebanese law, the arbitrators have the same powers as the judges when it comes to (i) sanctioning witnesses who fail to appear or those who refuse to answer the arbitrators’ questions, and (ii) issuing rogatory commissions (Art 779 LCCP). They also have the right to order any party to produce specific evidence that is in the party’s possession (Art 780 LCCP).

In addition to the above, asset identification methods in Lebanon vary depending on the type of assets:

  • Real estate assets: Lebanon has a real estate register or “cadastre” corresponding to regions or departments where real estate properties are registered. This registry is public and computerised and provides a per-person search in the form of a list showing the properties owned by the target person.
  • Shares: companies in Lebanon are registered at the relevant commercial registry depending on their nature and the location of their respective headquarters. It is straightforward to retrieve information concerning a specific company by filing a request to obtain a “comprehensive certificate” that provides information about the company, its shareholders, directors, and other information. However, it is important to note that whilst the commercial register data and information is public, it does not yet provide for a per-person search.
  • Bank accounts: the law on banking secrecy dated 3 September 1956 protects bank accounts from being seized unless the banking secrecy has been lifted such as:

• when the banking secrecy has been lifted under the Law on Fighting Money Laundering and Terrorist Financing, dated 24 November 2015;

• when the target is declared bankrupt;

• when the dispute involves banks and their clients concerning banking operations; or

• when the concerned client or their heirs or legatees have provided a written authorisation allowing the disclosure of information.

11. Are third-party funded awards enforceable?

Lebanese legislation is silent on the matter; it does not prohibit third-party funded awards.

12. What interim reliefs are available pending enforcement of awards? Which of those reliefs are granted ex parte?

The most efficient way to recover assets is to obtain as early as possible from the competent Lebanese court, ex parte provisional interim reliefs such as conservatory attachments, freeze orders, or other measures deemed appropriate by the judge to preserve evidence and/or prevent damage and harm. These may be granted ex parte.

Filing for provisional attachment may be made prior to (or at any time after) filing the request for arbitration and regardless of whether arbitration is seated in Lebanon or not.

Once the award is rendered, ex parte provisional attachment may also be sought based on the award itself or the exequatur proceedings.

It is interesting to note that during arbitration, Lebanese law provides for the tribunal’s power to grant provisional relief including, for example, the right to preserve evidence, preserve assets, and/or prevent damages and harm (Arts 589, 789 LCCP).

13. Formal requirements for enforcement application: what documents need to be filed in court?

An enforcement application may be filed by either party or by the arbitrators (Arts 793–815 LCCP). The applicant must file (i) the original arbitral award (Art 814 LCCP) or a certified true copy of the award if the arbitration seat was outside Lebanon (Art 815 LCCP), as well as (ii) the arbitration agreement or a true copy of the same certified by the arbitrators or any competent authority (Arts 795–815 LCCP). If these documents are in a foreign language, a sworn certified translation into Arabic must also be filed.

14. Enforcing awards that have been annulled/set aside at other courts. Enforcing when an annulment application is pending at a foreign court

As mentioned above, there are only two requirements to be met for an international arbitration award to be enforced in Lebanon. The applicant must prove the existence of the award and that it does not violate international public law and order. Therefore, and depending on the facts of the matter, an international arbitration award rendered outside Lebanon that has been annulled/set aside by a foreign court may still be enforced in Lebanon.

15. Once application for enforcement is allowed, how does the actual enforcement against assets work? What are the remedies available for tracing assets during enforcement proceedings including for assets disposed of by fraud?

Once the exequatur is obtained, the award may be enforced in the same manner as domestic judgments. The typical compulsory enforcement measure is the “executory seizure” of the debtor’s assets, placing them under court custody and eventually selling them in public auction under the authority of the court.

The seizure order itself may be obtained in one day; however, the actual foreclosure proceedings, which would result in the realisation of the debt, are much longer and vary on a case-by-case basis. In some cases, debtors would come forward and pay the debt within the five-day period set by the executive bureau, whilst others would use every potential delay to challenge proceedings.

For remedies available for tracing assets during enforcement proceedings, please see question III(10) above.

16. What is the procedure for repatriation of sums awarded after obtaining an order for enforcement?

There are no legal limitations on repatriation of sums. In general, the lawyer acting for the creditor will collect the funds and transfer them to the client or receive a cheque to be deposited with the client’s bank.

However, since 2020, the banks have been putting obstacles on the transfer of funds outside Lebanon and/or the acceptance of cheque payments, thus requiring particular attention by the lawyer in charge of collection. For example, in some instances the court is carrying the public auction sale for cash payments; then the cash is deposited at the bank for on-transfer to clients outside Lebanon.

17. Do courts grant orders for security for costs?

Lebanese arbitration legislation does not cover the topic of security for costs. However, since a tribunal can grant an interim measure order, it may be argued that it is also possible for it to grant a security for costs order.

18. Exchange control regulations: do they affect payments to foreign award holders?

There are no exchange control regulations in force in Lebanon. However, since the end of 2019, Lebanon has been facing a financial crisis and the exchange rate has been fluctuating.

19. Enforcing awards from non-New York Convention places

All the above answers apply to non-New York Convention seated awards.

20. Enforcing against sovereigns

Pursuant to Art 860 LCCP, it is not possible to seize the state and public entities’ assets. The same Article provides that the assets of a foreign state may not be seized unless they are subject to private law. Therefore, foreign state’s assets that are used for commercial purposes may be seized.

21. Appellate mechanism available

Please see question II(5)(j) above.

 

Part IV: enforcing domestic awards

22. Timelines for enforcement

Lebanese law does not provide for a time limit for enforcement of domestic awards. Some authors consider that the 10-year limitation period applicable to enforcement of judgments (Art 558 LCCP) should apply to the enforcement of arbitral awards, and others have considered that the limitation period applicable to the rights recognised in the award should be applied.

The party wishing to enforce the arbitral award must first obtain the exequatur decision and notify it to the other party who shall have 30 days (from notification) to appeal against the exequatur decision or file annulment proceedings (set-aside proceedings) against the award (the “Thirty-Day Objection Period”), failing which the exequatur decision becomes executory (Arts 793–795 LCCP).

Unless the award is itself executory in nature, its enforcement shall be stayed until expiry of the Thirty-Say Objection Period or if an appeal/annulment is filed, throughout the appeal or annulment proceedings, as applicable (Art 803 LCCP). The appeals court decision is subject to cassation recourse; except that arbitration awards rendered in equity are not subject to cassation unless they have been annulled by the appeals court (Art 804 LCCP).

23. Which court to go to? Relation with location of assets?

The location of the assets is not relevant in determining the competent court for filing the exequatur proceedings. If the arbitration is rendered in Lebanon, the exequatur request shall be filed with the court of first instance where the award was rendered. Otherwise, or if the arbitration is rendered outside Lebanon, the request shall be filed with the Beirut Court of First Instance (Arts 793–795 LCCP).

For arbitrations concerning disputes that would have otherwise been subject to the competence of the administrative courts, the exequatur is granted by the President of the State Council which is the highest administrative court in the land (Art 795 LCCP).

However, the location of the assets is relevant for taking provisional measures, such as attachments, freeze orders, or other similar measures while the arbitration is ongoing and thereafter during the execution/collection proceedings.

24. Compelling disclosure of local assets? How to identify assets available for enforcement?

The arbitrators have the same powers as judges when it comes to (i) sanctioning witnesses who fail to appear or those who refuse to answer questions asked by the arbitrators, and (ii) issuing rogatory commissions (Art 779 LCCP). They also have the right to order any party to produce specific evidence in the party’s possession (Art 780 LCCP).

As for asset identification, the following methods are available depending on the type of assets:

  • Real estate assets: Lebanon has a real estate register or “cadastre” corresponding to regions or departments where real estate properties are registered. This registry is public and computerised and provides a per-person search in the form of a list showing the properties owned by the target person.
  • Shares: companies in Lebanon are registered at the relevant commercial registry depending on their nature and the location of their respective headquarters. It is straightforward to retrieve information concerning a specific company by filing a request to obtain a “comprehensive certificate” that provides information about the company, its shareholders, directors, and other information. However, it is important to note that whilst the commercial register data and information is public, it does not yet provide for a per-person search.
  • Bank accounts: the law on banking secrecy dated 3 September 1956 protects bank accounts from being seized unless the banking secrecy has been lifted such as:

• when the banking secrecy has been lifted under the Law on Fighting Money Laundering and Terrorist Financing, dated 24 November 2015;

• when the target is declared bankrupt;

• when the dispute involves banks and their clients concerning banking operations; or

• when the concerned client or their heirs or legatees have provided a written authorisation allowing the disclosure of information.

25. Are third-party funded awards enforceable?

Lebanese legislation is silent on this question; it does not prohibit third-party funded awards.

26. What interim reliefs are available pending enforcement of awards? Which of those reliefs are granted ex parte?

See question III(12).

27. Formal requirements for enforcement application: what documents need to be filed in court?

An enforcement application may be filed by either party or by the arbitrators. The applicant must file the original arbitral award as well as the arbitration agreement or a true copy of the same certified by the arbitrators or any competent authority (Art 793 LCCP). If these documents are in a foreign language, a sworn certified translation into Arabic must also be filed.

28. Filing for enforcement when application for annulment is pending

Pursuant to Art 803 LCCP, when an application for annulment is filed, execution is stayed. Moreover, and pursuant to Art 805 LCCP, an application for annulment constitutes de facto an appeal against the exequatur decision and shall divest the judge otherwise competent to grant exequatur.

29. Once application for enforcement is allowed, how does the actual enforcement against assets work? What are the remedies available for tracing assets during enforcement proceedings including for assets disposed of by fraud?

See questions III(10) and (15) above.

30. Do courts grant orders for security for costs?

Lebanese arbitration legislation does not cover the topic of security for costs. However, since a tribunal can grant an interim measure order, it may be argued that it is also possible for it to grant a security for costs order.

31. Appellate mechanism available?

See question II(5)(j) above.

 

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Nada Abdelsater
Nada Abdelsater

Managing Partner | ASAS LAW (formerly Abdelsater Abusamra & Associates) | Lebanon

nada.abdelsater@asaslaw.com

+961 1 384 556 Nada Abdelsater is an international lawyer admitted to the courts of New York and Beirut and in the Hague (Netherlands) where she represented the victims at the Special Tribunal for Lebanon looking into the assassination of Lebanese Prime Minister Rafic Hariri. She is the founding partner of ASAS LAW, a Lebanese law firm with activities across the Middle East and extending to Europe, the USA, and commonwealth countries. She has a strong practice in international cross-border transactions, litigation, and arbitration including notably white‐collar crimes, as well as complex commercial litigation, confiscation, freezing orders, and cross-border enforcement of judgments and arbitral awards. Her clients include high-profile individuals and multinationals. She leads multifaceted investigation processes and asset recovery proceedings across several jurisdictions according to rigorous and high professional standards. She advises clients on tracing and seizing or freezing funds and assets located in Lebanon or deposited in Lebanese bank accounts. She acts for clients in liberating funds that were unduly frozen by international or national regulatory authorities. She is distinctly respected by high-ranked regulators (notably in the banking sector) which solicit her insight on legal matters. As part of her practice, she handles complex transactions including financial engineering, M&A, oil and gas, PPP, corporate and financial transactions, and corporate governance restructuring. She is consistently named as Leading Lawyer by the most reputable international guides including Chambers Global, IFLR, Who’s Who Legal, Legal500 Powerlist, and others. She earned international recognition for her work in corporate governance and ethics. She was the recipient of the Corporate Governance Rising Star Award, 2009, Yale University (School of Management, the Millstein Center) and has received other medals and decorations.