Alternate Dispute Resolution Law at Lebanon
Lebanon has developed a robust legal framework for Alternative Dispute Resolution (ADR), encompassing both arbitration and mediation. Here's an overview of the key aspects:
1. Arbitration in Lebanon
Arbitration in Lebanon is governed by the Lebanese Code of Civil Procedure (LCCP), specifically Articles 762 to 821. The LCCP distinguishes between domestic and international arbitration, with international arbitration being subject to more liberal rules. The Lebanese judiciary is generally supportive of arbitration and upholds the principles of party autonomy, confidentiality, and limited judicial intervention. Arbitration is increasingly recognized as an efficient and effective method for resolving disputes in Lebanon.
2. Mediation in Lebanon
Mediation in Lebanon has gained prominence through two main legal frameworks:
Judicial Mediation (Law No. 82/2018): This law allows courts to refer disputes to mediation at any stage of litigation, provided the parties agree. It applies to civil and commercial disputes, excluding matters related to personal status, crimes, bankruptcy, or inheritance. Mediators must be impartial and are required to maintain confidentiality.
Conventional Mediation (Law No. 286/2022): This law enables parties to voluntarily choose a mediator to resolve disputes without court involvement. It aligns with international standards, including the Singapore Convention on Mediation, and emphasizes the importance of neutrality and confidentiality in the mediation process.
Despite these legislative advancements, the practical application of mediation is still developing, with ongoing efforts to implement supporting regulations and promote its use.
3. Lebanese Arbitration and Mediation Center (LAMC)
The Lebanese Arbitration and Mediation Center (LAMC), established in 1995, serves as a key institution for administering arbitration and mediation proceedings in Lebanon. LAMC provides services to both local and international clients, offering a structured approach to dispute resolution. In July 2024, LAMC updated its arbitration rules to enhance efficiency, including provisions for expedited procedures, interim measures, and the use of technology in hearings.
4. Enforcement of ADR Outcomes
Arbitral awards rendered in Lebanon are enforceable under the LCCP and can be recognized internationally, particularly in jurisdictions that are signatories to the New York Convention. Mediation settlements, when approved by a court, can also be enforced as judicial decisions. This dual mechanism ensures that both arbitration and mediation outcomes are legally binding and enforceable.
Summary Table
| ADR Mechanism | Governing Law | Key Features | Institutions | Enforcement |
|---|---|---|---|---|
| Arbitration | Lebanese Code of Civil Procedure (LCCP) | Party autonomy, confidentiality, limited judicial intervention | Lebanese Arbitration and Mediation Center (LAMC) | Enforceable under LCCP; internationally recognized |
| Judicial Mediation | Law No. 82/2018 | Court-referred, impartial mediators, confidentiality | Courts of Lebanon | Binding upon court approval |
| Conventional Mediation | Law No. 286/2022 | Voluntary, party-chosen mediators, confidentiality | Lebanese Arbitration and Mediation Center (LAMC) | Binding upon court approval |
Lebanon's ADR framework offers flexible and effective mechanisms for resolving disputes, supported by a legal system that recognizes the importance of arbitration and mediation. The ongoing development of these mechanisms reflects Lebanon's commitment to providing accessible and efficient dispute resolution options.
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