Latest updates

Arbitration in Lebanon: overview
Obeid Law Firm
  • Arbitration & ADR
  • Lebanon
  • 01 October 2020

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.

Landmark decisions in banking sector amid ongoing COVID-19 and economic crisis
Obeid Law Firm
  • Litigation
  • Lebanon
  • 14 July 2020

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.

Employer-employee relationships amid COVID-19 pandemic
Obeid Law Firm
  • Employment & Immigration
  • Lebanon
  • 03 June 2020

The government has adopted exceptional measures to manage the spread of COVID-19. These measures have had an unprecedented impact on employers and employees, which have been adjusting to the rapidly changing situation triggered by the pandemic and the national economic crisis. Faced with the intensifying economic impact of both crises, business owners have been forced to introduce adequate changes to the way in which they work.

COVID-19: impact on contractual obligations
Obeid Law Firm
  • Corporate & Commercial
  • Lebanon
  • 01 June 2020

The COVID-19 pandemic has highlighted the importance of using force majeure to repudiate the performance of burdensome contractual obligations that were undertaken before the pandemic. This article discusses Lebanon's approach with regard to the COVID-19 outbreak and its potential characterisation as a force majeure event by discussing recent developments and the general framework for force majeure under Lebanese law.

Public-private partnerships
Obeid Law Firm
  • Projects, Construction & Infrastructure
  • Lebanon
  • 25 February 2020

In 2017 Parliament passed Law 48 Regulating Public-Private Partnerships (PPPs). The law aims to attract foreign direct investment and bring specific expertise to Lebanon. Further, it institutes a legal framework that is, to a certain extent, in line with international standards and presents no particular red flags. This article analyses the new legal framework for PPPs in Lebanon, the relevant authorities and the law's advantages and limitations and showcases PPP projects which are currently underway.

Resolving telecoms disputes involving state entities in the Middle East
Obeid Law Firm
  • Tech, Data, Telecoms & Media
  • International
  • 30 August 2019

As the economy becomes increasingly data focused, telecoms markets across the Middle East are changing considerably. The policy framework has not always kept pace with this rapid change, and aspects of telecoms regulations are now outdated. However, personal data protection and public-private partnership (PPP) laws are starting to affect telecoms contracts and investments. Specifically, PPP laws are enabling recourse to alternative dispute resolution methods, including arbitration.

Resolving telecoms disputes involving state entities in the Middle East
Obeid Law Firm
  • Arbitration & ADR
  • International
  • 29 August 2019

As the economy becomes increasingly data focused, telecoms markets across the Middle East are changing considerably. The policy framework has not always kept pace with this rapid change, and aspects of telecoms regulations are now outdated. However, personal data protection and public-private partnership (PPP) laws are starting to affect telecoms contracts and investments. Specifically, PPP laws are enabling recourse to alternative dispute resolution methods, including arbitration.

An alternative solution: judicial mediation
Obeid Law Firm
  • Arbitration & ADR
  • Lebanon
  • 10 January 2019

In line with Lebanon's pro-alternative dispute resolution attitude, a further option in the form of judicial mediation was recently made available to parties through the implementation of Law 82. Judicial mediation offers an alternative mechanism for settling disputes in an efficient, fair, timely and confidential manner and should help to lessen the increasingly overwhelming workload faced by judges.

Arbitration in commercial representation disputes: walking the line between tradition and modernism
Obeid Law Firm
  • Arbitration & ADR
  • Lebanon
  • 19 July 2018

Due to its status as a commercial hub, Lebanon has its fair share of disputes arising from commercial representation agreements, particularly those concerning compensation for the termination of such agreements. However, while recourse to the court system is well established as the traditional method of settling this type of dispute, significant controversy remains regarding their submission to arbitration.

Model exploration and production agreement: dispute resolution in the face of divergent interests
Obeid Law Firm
  • Arbitration & ADR
  • Lebanon
  • 16 June 2016

In 2013 Lebanon commenced and concluded the initial pre-qualification licensing round for offshore oil and gas exploration, which was based on a draft model exploration and production agreement (EPA). This update focuses on the dispute resolution mechanism provided in the draft model EPA and the issues that may arise in the face of divergent interests of the parties involved.

'Surgical nullity' and other steps to preserve the validity of arbitration agreements
Obeid Law Firm
  • Arbitration & ADR
  • Lebanon
  • 06 November 2014

A series of recent decisions of the Beirut Court of First Instance has affirmed the Lebanese judiciary's liberal approach to arbitration. In each case, the court intervened in an arbitration proceeding to preserve the validity of an arbitration agreement when it had been called into question. Issues considered include invalid terms within arbitration agreements and formal insolvency proceedings involving parties to arbitration.

Arbitration and immunity from execution: a bold court decision
Obeid Law Firm
  • Arbitration & ADR
  • Lebanon
  • 10 April 2014

In Lebanon, the debate surrounding the immunity from execution of arbitral awards granted to international organisations and state bodies recently gained further prominence following a landmark decision of the Lebanese Execution Bureau. The bureau's decision is welcome, as it reflects the arbitration-friendly stance of Lebanese courts and legal doctrine.

Recognition and enforcement of international arbitration awards: plain sailing?
Obeid Law Firm
  • Arbitration & ADR
  • Lebanon
  • 13 June 2013

Effective and transparent dispute resolution methods are as imperative in Lebanon as they are in any other jurisdiction. The principal instrument governing the enforcement of international arbitral awards in Lebanon is the New York Convention, but both the Code of Civil Procedure and the courts also play a crucial role in protecting the integrity of the arbitral process.

When does an arbitration agreement extend to third parties?
Obeid Law Firm
  • Arbitration & ADR
  • Lebanon
  • 24 May 2012

Careful consideration must be given when selecting a choice of law clause, as the circumstances in which an arbitration agreement can bind a third party differ from jurisdiction to jurisdiction. Under Lebanese law, a third party may find itself bound by an arbitration agreement in a number of cases, including on the basis of its relationship with one of the signatories to the arbitration clause.