There are a number of public registers by means of which to identify the opposing party’s assets for enforcement purposes. These include the Real Estate Register for the identification of immovable property, the Commercial Register for the identification of shares owned in commercial companies, and the Motor Vehicle Register for the identification of vehicles owned by the opposing party.

The concept of “freezing orders” is not explicitly recognised under Lebanese law. However, the Lebanese Code of Civil Procedure (LCCP) provides for the possibility of issuing provisional seizure orders.

Asset disclosure orders are not explicitly regulated by Lebanese law. To our knowledge, there have been no decisions requiring a debtor to disclose assets, as no specific obligations exist in this regard.

There are multiple types of domestic judgments that may be rendered by Lebanese courts. These include:

Default Judgments

In accordance with Article 468 of the LCCP, a judge may render a default judgment when a defendant, despite being duly notified, fails to participate in the proceedings.

Interim Judgments, Summary Judgments and Injunctive Reliefs

Trial judges or judges of summary proceedings can, upon request, order provisional and conservatory measures. These include but are not limited to:

• affixing seals;
• making an inventory of assets;
• ordering a judicial sequestration;
• selling perishable assets; and
• ordering provisional seizure.

In addition, trial judges and judges of summary proceedings may issue any type of injunctive reliefs to protect litigants’ rights and prevent any potential harms. Interim reliefs can be obtained on an ex parte basis pursuant to Article 593 of the LCCP and subsequent provisions.

Final Judgments

Final judgments in civil cases are issued by trial judges. These judgments may involve granting a successful litigant a specific performance order, awarding damages to compensate for losses incurred, awarding damages in lieu of execution, or issuing declaratory relief orders.

The procedure for enforcement of a domestic judgment involves filing an application to this end before the Execution Judge (Enforcement Bureau). Pursuant to Article 828 of the LCCP, the Execution Judge is the judicial authority competent to enforce a domestic judgment.

The request for enforcement should be submitted at the clerk’s office of the Enforcement Bureau and should include all relevant details (ie, the name of the person requesting enforcement, the name of the opponent, their place of residence, titles (or nicknames), capacity and elected domicile) along with the judgment for which execution is sought, the requested amount, the assets to be sequestered where relevant, etc (Article 837 of the LCCP).

The enforcement process is subject to certain conditions. For instance, a domestic judgment cannot be enforced unless it has the force of res judicata (Article 836 of the LCCP) or is an interim measure or an ex parte decision (which is enforceable de jure).

For enforcement purposes, certain measures such as charging orders, seizure of earnings and third-party debt orders may be ordered.

Additionally, Article 569 of the LCCP provides for the courts’ power to order a penalty to ensure the enforcement of the judgments in case of partial execution, non-execution or delay in execution of the judgment.

As for insolvency proceedings, they may be initiated against the defaulting party if the defaulting party is a trader in a cessation of payments situation. Cessation of payments occurs when it is established that the debtor is in a desperate financial situation and has failed to pay any outstanding debt that is: (i) commercial in nature; and (ii) certain (typically, a final court judgment would fulfil this condition).

Timeframes and costs for enforcement vary on a case-by-case basis. The enforcement of a domestic judgment could take from six months up to three years depending on the parties, the objections raised, the number and places of assets subject to enforcement, etc.

Costs required for enforcing a judgment can include:

• a fixed fee, as specified by Article 65 of the Judicial Fees Law, equivalent to the fee paid for non-assessable items; or
• a proportional fee, as outlined in Article 67 of the Judicial Fees Law, of 2.5% of the amount sought. This fee covers accrued interest, damages, legal fees, court fees and awarded expenses. A quarter of this fee is typically paid up front, with the remainder due upon successful collection. Final settlement is based on the amount recovered.

It is important to note that there is a single standard procedure for enforcement: filing an application with the Execution Judge. All judgments are treated equally and are subject to the same enforcement process. Therefore, there are no alternative options to consider.

For enforcement against real estate assets, an identification report can be requested from the Ministry of Finance, the General Directorate of Real Estate Affairs, in order to identify the real estate assets owned by the defendant.

In addition, the winning party may seek to enforce the judgment against other movable assets of the debtor. To this end, it can request an identification report from the Motor Vehicle Register or a corporate report from the Commercial Register.

A defendant may challenge the enforcement before the Execution Judge. Pursuant to Article 829 of the LCCP, the Execution Judge has jurisdiction to rule on any ‘enforcement dispute’, typically pertaining to procedural aspects of the enforcement process (eg, improper notification, lack of jurisdiction, errors in the form) which may affect the enforcement of a domestic judgment. In this respect, it is common for enforcement proceedings to be delayed as a result of procedural impediments, such as issues with the notification forms, the appointment of an expert, challenges of the expert’s reports, etc.

A defendant may also challenge the enforcement of a domestic judgment by filing an appeal before the Court of Appeal or cassation appeal before the Court of Cassation. While a decision issued on an expeditious basis by the court of first instance is generally directly enforceable, the filing of an appeal can lead to a stay of enforcement if the Court of Appeal grants a stay order. Similarly, a decision issued by the Court of Appeal is generally directly enforceable, but the Court of Cassation may order a stay of enforcement if a stay is requested through a cassation appeal.

Article 835 of the LCCP provides that enforcement can only proceed with a copy ‘good for execution’. Therefore, for a judgment to be enforceable, it must qualify as an ‘executable deed’.

According to Article 836 of the LCCP, a judgment would qualify as an executive deed when it becomes final, meaning it is no longer subject to appeal by ordinary means of recourse, unless it is rendered under expedited procedures. Therefore, any decision that is not final cannot in principle be enforced.

As an exception, decisions rendered by the Lebanese courts of first instance are not enforceable (as they are not final) unless they are rendered in an expeditious manner.

Subject to these conditions, all types of domestic judgments are, in principle, enforceable.

There is no register of judgments, except in criminal matters where culpability of individuals, established by criminal judgments, is recorded in the registry for criminal records.

Foreign judgments are recognised in Lebanon via an ‘exequatur’ request, which is an ex parte procedure. Article 1014 of the LCCP provides that exequatur (ie, prerequisite for enforcement) shall be granted to a foreign judgment that satisfies the following conditions.

• The judgment was rendered by competent judges in accordance with the laws of the country in which the decision was rendered, on the condition that their competence is not only determined by the nationality of the plaintiff. If two foreign judgments are rendered by two/in the name of two different jurisdictions but in relation to the same subject matter and among the same opponents, the exequatur is granted to the judgment that is in conformity with the rules of the Lebanese law pertaining to international competence.
• The judgment is enforceable and has acquired the force of res judicata in the country where it was rendered. Nevertheless, the exequatur can be granted to provisional and ex parte decisions that have become enforceable in the country concerned.
• The losing party was duly notified of the lawsuit that resulted in the judgment, and the right of defence was duly accorded/provided to them.
• The judgment was rendered in the name of a country whose laws allow the enforceability of Lebanese judgments on its territories after scrutinising them or after giving them an exequatur.
• The judgment does not violate public policy.

As an exception, foreign judgments relating to personal status and capacity, as well as those issued ex parte, automatically produce their effects in Lebanon without the need for an exequatur, provided they are not rendered through ‘contentious’ proceedings (Article 1012 of the LCCP).

In addition, Lebanon has concluded multiple bilateral treaties which facilitate the enforcement of judgments between Lebanon and the respective countries. For instance, we note the following treaties:

• Judicial Agreement between the Lebanese Republic and the Syrian Arab Republic (25 February 1951, with an annex on 26 September 1996);
• Convention on Judicial Cooperation, Execution of Judgments, and Extradition of Criminals between Lebanon and Tunisia (16 March 1966);
• Agreement between the Lebanese Republic and the Italian Republic regarding mutual assistance in civil, commercial, and criminal matters, and the enforcement of judgments, arbitral awards, and recovery (10 July 1970);
• Judicial Cooperation Agreement in Civil Matters between the Government of the Lebanese Republic and the Government of the Republic of Bulgaria (20 March 2001);
• Judicial Agreement concluded between Lebanon and Egypt (5 November 1998); and
• Agreement concerning Judicial Cooperation in Criminal Matters between the Government of the Lebanese Republic and the Government of the People’s Democratic Republic of Algeria (26 February 2022).

Generally, all foreign judgments must be granted exequatur as a prerequisite for their enforcement in Lebanon.

With regard to the applicable conditions, all foreign judgments must qualify as executable documents under Articles 835 and 836 of the LCCP and meet the conditions outlined in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments.

As outlined in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments, the enforcement of judgments relating to personal status and capacity, as well as those issued ex parte, differs from standard foreign judgments. These judgments automatically produce their effects in Lebanon without requiring an enforcement order (exequatur), provided they were not rendered through ‘contentious’ proceedings.

As provided in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments, a foreign judgment will not be granted exequatur in Lebanon if the criteria outlined in Article 1014 of the LCCP are not fulfilled. These include the judgment being rendered by competent judges according to the laws of the issuing country, having acquired res judicata effect abroad, wherein the parties’ rights of defence have been observed, originating from a country that reciprocally enforces Lebanese judgments, and not violating Lebanese public policy. Failure to meet any of these conditions will prevent the recognition and enforcement of the foreign judgment through an exequatur procedure in Lebanon.

Notwithstanding the above, even if a foreign judgment meets the above-mentioned criteria, exequatur can still be denied under Article 1016 of the LCCP, in the following instances:

• A final judgment concerning the same dispute has already been rendered in a dispute involving the same parties in Lebanon.
• A lawsuit involving the same dispute, between the same parties, and filed prior to the lawsuit associated with the foreign judgment, is still pending before the Lebanese courts.

Unless otherwise provided by virtue of an international convention signed between Lebanon and a foreign state, the request for exequatur is made through ex parte proceedings and is filed to the President of the Court of Appeal – Civil Section, having within its jurisdiction:

• the defendants’ domicile;
• the defendants’ residence; or
• the assets subject to execution.

If none of the above-mentioned scenarios applies, the request shall be submitted to the President of the Beirut Court of Appeal (whose jurisdiction would, in this case, be established by default), pursuant to Article 1013 of the LCCP.

With regard to the required documentation, we note, pursuant to Article 1017 of the LCCP, that the party requesting the enforcement of a foreign judgment must submit, with the request, the following documents:

• a duly certified copy of the foreign judgment;
• documents evidencing the enforceability (ie, the power of res judicata) of the foreign judgment;
• a certified copy of the summons served to the absent party and of the document proving service of the court papers, if the judgment is rendered in absentia; and
• a certified true translation of the aforementioned documents, certified according to Lebanese law.

With regard to the conditions, we refer to Article 1014, outlined in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments.

If the exequatur is granted by the President of the Court of Appeal, the unsuccessful party has the right to challenge the decision before the Court of Appeal within 30 days from the notification date of the decision or any enforcement proceeding. The challenge before the Court of Appeal stays the enforcement provided that the judgment is not enforceable on an expedited basis. In the event that the exequatur is denied, the petitioner has the right to object to that decision before the Court of Appeal within 15 days from the notification date of this decision.

As an exception, foreign decisions relating to personal status and capacity, as well as those issued ex parte, automatically produce their effects in Lebanon without the need for an exequatur, provided they are not rendered through ‘contentious’ proceedings abroad (Article 1012 of the LCCP).

Once the exequatur is granted, the foreign judgment becomes enforceable in Lebanon. The competent Enforcement Bureau will then proceed with its execution, in accordance with the provisions of the LCCP governing enforcement. This involves pursuing the judgment debtor’s movable and immovable assets.

Applicable Fees

An application for exequatur is subject to a fixed fee in the amount of LBP250,000. Execution against assets in Lebanon is subject to a proportional fee of 2.5% of the amount claimed.

Timeline

The time needed is assessed on a case-by-case basis depending on the circumstances of each case and the nature of the foreign judgment (eg, issued in summary or regular proceedings, ex parte proceedings, etc). Several factors should also be considered when assessing the time needed, notably:

• whether the conditions of Article 1014 of the LCCP stipulated above are met;
• whether all the required documents are prepared and duly legalised pursuant to Article 1017 of the LCCP (eg, duly certified copy of the foreign judgment, document evidencing that the judgment acquired the force of res judicata, certified translations, etc); and
• whether the defendant decides to appeal the exequatur order pursuant to Article 1013 of the LCCP, as mentioned above.

Bearing in mind that the time estimates are always speculative (especially in the current context), we note from our experience in this field that the time needed to complete enforcement procedures would be as follows:

• If the foreign judgment is enforceable on an expedited basis, and provided that an exequatur has been granted in Lebanon, the enforcement process could take from nine months to a couple of years.
• If the foreign judgment is issued in regular proceedings (as opposed to judgments enforceable on an expedited basis), the execution process could take between a year and a half and three years, provided that the conditions mentioned above are satisfied.
• The estimated period above could be further extended (eg, up to five years) in exceptional circumstances (eg, strikes, suspension of time limits, etc).

Please refer to 3.1 Legal Issues Concerning Enforcement of Foreign Judgments.

In short, exequatur is granted to a foreign judgment if all the conditions set out in Article 1014 of the LCCP are met.

Furthermore, pursuant to Article 1016 of the LCCP, Lebanese courts should refuse the exequatur of the foreign judgment if:

• a final judgment on the same dispute has already been issued by the Lebanese courts between the same parties; or
• there is an ongoing case before the Lebanese courts concerning the same dispute and between the same parties that was filed prior to the case resulting in the foreign judgment.

Any exequatur order granted in violation of these requirements will be subject to appeal before the Court of Appeal. The aggrieved party may challenge the exequatur order before the Court of Appeal within 30 days from notification (i) of this order or (ii) of one of the procedures relating to the enforcement of this order. It is worth noting that appeal could stay the enforcement only if the foreign judgment was not issued with accelerated enforcement.

The judgment rendered by the Court of Appeal could also be subject to appeal before the Court of Cassation.

The LCCP devotes its second chapter to arbitration.

As a preliminary note, the LCCP makes a distinction between domestic and international arbitration, the latter being governed by more liberal/arbitration-friendly rules. The main difference between domestic and international arbitration pertains to the validity of arbitration clauses, which are subject to stringent formalities in domestic arbitration. Other differences include the available means of recourse to challenge or set aside arbitral awards, which is broader in domestic arbitration than in international arbitration, as will be outlined below.

Domestic Awards

The enforcement of domestic awards is governed by Articles 793 to 808 of the LCCP.

Pursuant to Article 795 of the LCCP, arbitral awards can only be enforced by virtue of an exequatur order issued by the President of the court of first instance in whose jurisdiction the award was issued, upon request of the parties concerned, and after the examination of the award and the underlying arbitration agreement. The same article specifies that if the subject matter of the dispute involves administrative law, exequatur requests should be filed before the President of the Lebanese Council of State.

The court of first instance may either accept or refuse to grant exequatur. A decision to grant exequatur is not subject to appeal (Article 805 of the LCCP). However, a decision refusing to grant exequatur is subject to appeal before the Court of Appeal within 30 days from its notification (Article 806 of the LCCP).

Domestic awards can be challenged as follows:

• Third party opposition: Third party opposition is available before the court originally having 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).
• Setting aside: A motion to set aside a domestic award is exclusively available in the circumstances enumerated in Article 800 of the LCCP (see 4.3 Categories of Arbitral Awards Not Enforced and 4.6 Challenging Enforcement of Arbitral Awards).
• Retrial: A request for retrial may be brought before the Court of Appeal under the same conditions that apply to court judgments in whose jurisdiction the award was rendered. The decision of the Court of Appeal can be subject to cassation and third-party opposition (Article 808 of the LCCP).

The effects of the appeal and setting aside of domestic awards (Articles 801 and 803 of the LCCP), and the process of such recourses (Articles 802, 804, 806 and 807 of the LCCP), are further addressed in the sections below.

International Awards

International arbitration in Lebanon is regulated by Articles 809 to 826 of the LCCP.

As is the case for domestic awards, the enforcement of international awards requires exequatur. In this respect, we note that arbitration awards rendered in international arbitration are governed by Article 815 of the LCCP, which refers to Articles 793 to 797 relating to domestic arbitration (ie, international arbitral awards can only be enforced through an exequatur order granted by the President of the court of first instance in whose jurisdiction the award was rendered).

In addition, there are specific conditions for granting exequatur to international awards. These are as follows:

• The existence of the award has been established by submitting either the original text of the award together with the arbitration agreement, or copies of said documents authenticated by the arbitrators or by any competent authorities. Documents issued in a foreign language must be translated by a sworn translator as per Article 814 of the LCCP.
• The enforcement is not manifestly contrary to the Lebanese international public policy.

Decisions denying exequatur are subject to appeal before the Court of Appeal. The appeal has to be initiated 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. However, the review before the Court of Cassation is limited to legal grounds only, as the merits of the case cannot be reviewed.

In contrast, decisions granting exequatur are not subject to appeal pursuant to Article 819 of the LCCP.

With regard to challenges against international awards rendered in Lebanon, the means of recourse available differ from domestic awards as international awards are only subject to set-aside proceedings in the circumstances set out in Article 817 of the LCCP. The grounds for annulling awards in international arbitration are as follows:

• where the award was 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;
• where the award was rendered by arbitrators not appointed in accordance with the law;
• where the arbitrators ruled without complying with the mission conferred upon them;
• where the award was delivered without due respect of rights of defence; and
• where the award violated a rule of international public policy.

Foreign Awards

The enforcement of foreign awards is mainly regulated by the New York Convention of 1958 on Recognition and Enforcement of Foreign Awards (NY Convention), which Lebanon ratified on 9 November 1998. However, Lebanon has made a reciprocity reservation under the NY Convention, declaring that it will apply the NY Convention on a reciprocal basis (ie, if recognition and enforcement of awards issued in Lebanon is possible in the territory of the contracting state where the foreign award that is subject to recognition and enforcement in Lebanon was issued).

Furthermore, the Lebanese courts have been adopting an arbitration-friendly approach, constantly applying the provisions of the LCCP that are more favourable/less restrictive to enforcement than those of the NY Convention, in application of Article 3 of the NY Convention.

In addition to the NY Convention and the provisions of the LCCP, Lebanon is a party to some international conventions, which are also applicable to the recognition and enforcement of foreign arbitral awards, which include:

• Amman Convention on Commercial Arbitration of 14 April 1987, Law no. 166 of 13 August 1992;
• ICSID Convention, which was signed by Lebanon on 26 March 2003 and entered into force in Lebanon on 25 April 2003;
• Riyadh Arab Agreement for Judicial Cooperation of 6 April 1983; and
• The Unified Agreement for the Investment of Arab Capital in the Arab States (Arab Investment Agreement, 1980).

As is the case for domestic and international awards, foreign awards also require exequatur in order to be enforced in Lebanon. In this vein, the exequatur is sought before the Beirut Court of First Instance, under the same conditions applicable to international awards (Article 814 of the LCCP, as outlined above).

The means of recourse available against foreign awards are the following:

Appeal against a decision refusing to grant exequatur to a foreign judgment

Pursuant to Article 816 of the LCCP, an appeal request has to be submitted within 30 days from the notification of the decision refusing exequatur. The Court of Appeal’s decision is subject to cassation before the Court of Cassation. The Court of Cassation’s review will be limited to legal grounds only.

Pursuant to Article 820 of the LCCP, unless the award is ‘enforceable on an expedited basis’, the enforcement of the arbitral award is stayed until expiration of the time limit set to file the appeal. The enforcement is also stayed upon the submission of an appeal.

Appeal against a decision granting exequatur

This appeal is only available in specific circumstances set out in Article 817 of the LCCP, as outlined above.

See 4.1 Legal Issues Concerning Enforcement of Arbitral Awards and 4.3 Categories of Arbitral Awards Not Enforced.

In short, there are no specific categories of awards that cannot be enforced. There are, however, specific circumstances in which the enforcement of arbitral awards may be refused. These circumstances differ between domestic and international awards.

Domestic Awards

The enforcement of domestic awards in Lebanon is subject to exequatur. The courts may deny exequatur if any of the following circumstances provided under Article 800 of the LCCP. are present:

• 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 has been rendered by arbitrators not appointed in accordance with the law;
• The arbitrators ruled without complying with the mission conferred upon them;
• The rights of defence were not respected;
• The award does not contain mandatory requirements related to the relief sought by the parties, along with the grounds and means substantiating such relief; the name of the arbitrators, the dispositive part of the award, the date of the award, and the signature of the arbitrators; and
• The award has violated a rule of public policy.

International and Foreign Awards Rendered in Lebanon

As outlined in 4.1 Legal Issues Concerning Enforcement of Arbitral Awards, international awards rendered in Lebanon and foreign awards are enforceable provided that (i) their existence has been established according to Article 814 of the LCCP, and (ii) their recognition is not manifestly contrary to international public policy.

Upon further scrutiny, an international award will not be enforceable in Lebanon under any of the following circumstances, as provided by Article 817 of the LCCP:

• the award was rendered without an arbitration agreement or on the basis of an agreement which is null or void due to the expiry of the relevant time limit for rendering the award;
• the award was rendered by arbitrators not appointed in accordance with the law;
• the arbitrators ruled without complying with the mission conferred upon them;
• the award was delivered without due respect of rights of defence; or
• the award violated a rule of international public policy.

Specific Conditions

In addition to the above, particular attention should be given to the following:

• Final awards: Final awards are enforceable in Lebanon, provided that the conditions set out in this section are fulfilled.
• Interim awards and partial awards: Enforcement of interim and partial awards is possible provided that these awards relate to (i) the merits of the dispute, (ii) the jurisdiction of the arbitral tribunal, or (iii) the termination of the arbitral proceedings based on a procedural ground.
• Non-monetary relief in foreign and international awards: Enforcement of foreign awards granting non-monetary reliefs is possible, except where there is a specific legal impediment, such as bank secrecy.
• Awards by consent: Awards by consent are generally enforceable in Lebanon.
• Awards set aside at the place of arbitration: Enforcement of foreign awards set aside at the seat of arbitration is possible provided that the above-mentioned conditions set out by Lebanese law for enforcement of foreign awards are met.
• With regard to enforcement against states: The state’s immunity from execution is recognised under Lebanese law. For instance, Article 860 of the LCCP provides in this respect that assets belonging to the state and public legal bodies cannot be seized. The same article provides assets pertaining to foreign states cannot be seized save for those which are subject to private law. States’ immunity may constitute a challenge to the enforcement of domestic, foreign and international arbitration awards against states and other public entities.

For domestic, international or foreign awards, the recognition and enforcement of an award in Lebanon is made through an ex parte exequatur proceeding.

As mentioned above, the competent court to grant exequatur depends on the nature of the dispute. In civil and commercial matters, exequatur requests are filed before the President of the court of first instance, either at the place where the award was rendered, if a domestic award was rendered in Lebanon, or in Beirut if the award was rendered outside Lebanon. In administrative matters, exequatur requests should be filed before the President of the Council of State (Articles 793, 795 and 815 of the LCCP).

For domestic, international or foreign awards, the exequatur application must be accompanied by the following documentation: (i) the arbitral award and (ii) the arbitration agreement, or a certified copy of these documents (Articles 793, 814 and 815 of the LCCP). If the award and/or arbitration agreement are in a foreign language, an Arabic translation certified or prepared by a sworn translator is required.

For international or foreign awards, the award should be translated into Arabic, and judges will verify (i) the existence of the award and (ii) that recognition of the award does not manifestly violate Lebanese international public policy (Articles 814 and 815 of the LCCP).

Pursuant to Article 796 of the LCCP, exequatur formula is placed on the award deposited. Any decision rejecting the exequatur must provide specific reasons for doing so.

Once the exequatur is granted, the procedure to be followed is typically the same as that applicable for enforcing court decisions: the competent Enforcement Bureau will proceed with the execution of the award, in accordance with the provisions of the LCCP governing enforcement. This involves pursuing the award debtor’s movable and immovable assets.

With regard to the means of recourse, please refer to 4.1 Legal Issues Concerning Enforcement of Arbitral Awards and 4.3 Categories of Arbitral Awards Not Enforced.

It is important to distinguish between the exequatur procedure (a prerequisite for enforcement) and the execution procedure against assets.

Timeline

The duration of the overall enforcement process typically varies based on the measures sought, the objections filed by the losing party and the efforts deployed to seek compulsory compliance with the award.

Exequatur: In normal circumstances, exequatur can be obtained within a month from the request.

Execution: As for execution against assets in Lebanon, the process may be initiated following the expiry of the 30-day period for (i) filing an appeal against the exequatur order, and/or (ii) commencing set-aside proceedings (for awards rendered in Lebanon). Bearing in mind that the time estimates are always speculative, the overall time required to execute arbitration awards can vary significantly, ranging from six months to three years, depending on various factors such as the parties involved, the objections raised, and the number and places of assets subject to enforcement.

Applicable Fees

Exequatur: An application for exequatur is subject to a fixed fee in the amount of LBP250,000.

Execution: Execution against assets in Lebanon is subject to a proportional fee of 2.5% of the amount claimed. In addition, a fee amounting to around 1% of the amount claimed is to be paid for the judiciary mutual fund stamp duty, the Bar Association stamp duty and the fiscal stamp duty. These fees do not include the translation fees, the lawyers’ fees or the legalisation fees.

Please refer to 4.1 Legal Issues Concerning Enforcement of Arbitral Awards, 4.3 Categories of Arbitral Awards Not Enforced and 4.4 Process of Enforcing Arbitral Awards for the options available to challenge enforcement.

Regarding public policy reasons, the Lebanese judiciary has identified several key areas that are considered rules of public policy, including:

• principle of equality of the parties in the appointment of arbitrators;
• protection of private property;
• rights of defence; and
• money laundering and fraud.