Dr Nayla Comair-Obeid is a founding partner of Obeid Law Firm. She holds a PhD in Business Law with first class honours from Université Paris II - Assas, and is professor of International Arbitration at the Faculty of Law of the Lebanese University and at the Lebanese Judicial Institute. She is also a visiting professor at the University of Paris II Panthéon-Assas in France.
Dr Comair-Obeid is a chartered arbitrator of the Chartered Institute of Arbitrators (CIArb). She also holds positions in major arbitration and professional institutions. Dr Comair-Obeid is vice chair of the Arbitration committee in the International Bar Association (IBA), trustee for the Middle East and Indian Sub-Continent in the CIArb board of trustees and vice chair of the CIArb board of trustees, member of the Council of the Institute of World Business Law of the International Chamber of Commerce (ICC) in Paris, member of the legal committee of the board of directors of the Lebanese Chamber of Commerce and Industry, and former commissioner of the United Nations Compensation Commission (UNCC) in Geneva.
Dr Comair-Obeid has served as counsel, chairman, sole arbitrator, or party-appointed arbitrator in over 80 ad hoc and institutional arbitrations in Arabic, French and English. She also regularly provides expert advice on matters involving the interpretation and application of Middle Eastern legislations. Dr Comair-Obeid is the author of numerous publications on the topics of international arbitration and business law in the Middle East.
Innovative tools and platforms represent a way to improve the international arbitral process and ensure respect for conventional wisdom. Long and costly arbitration procedures can be avoided if the arbitration is organised and managed effectively, and numerous ideas have been developed to improve the efficiency of the arbitral process. This article considers several examples of procedural innovations which can improve both the time-consuming nature and cost efficiency of the arbitral process.
Although the principles which constitute conventional wisdom are intended to be universal and are theoretically esteemed for their acceptability, international arbitration practice shows that despite a general consensus as to the formulation of certain principles, the perception of the way in which they should apply is likely to be influenced by the background of the party representatives or arbitrators. This article examines how perceptions may be influenced by legal, cultural and industry backgrounds.
This article analyses the role of conventional wisdom in the promotion of efficient arbitration proceedings. It identifies numerous ideas and principles which are generally accepted and ensure the functioning of the arbitration process. However, questioning the meaning of conventional wisdom and identifying the principles which constitute it first requires an examination of the foundations of international arbitration.
Lebanon has been experiencing an ongoing severe financial, economic and social crisis, which has been further exasperated by the COVID-19 pandemic and the Beirut Port explosion. This situation may give rise to arbitration claims which are subject to Lebanese law or seated in Beirut. As such, this article provides a brief overview of the legislative framework for arbitration in Lebanon.
Despite the lockdown and its impact on court activities, decisions have been handed down by judges of summary proceedings in an attempt to restore the rule of law in response to the de facto capital controls imposed by local banks. This article provides an overview of the judicial measures adopted in response to the COVID-19 pandemic and an overview of court decisions rendered against local banks.