Part First: Arbitration Rules in Domestic Law

Article 763

Article 763 - The arbitration clause is only valid if it is written in the basic contract or in a document to which this contract refers. It must, under penalty of nullity, include the designation of the arbitrator or arbitrators by name or by their qualities, or a statement of the method by which they are appointed.

Article 764

Article 764 - If, after the dispute has arisen, an obstacle occurs in the way of appointing the arbitrator or arbitrators due to the actions of the parties or during the application of the method of their appointment, their appointment shall be requested from the President of the Court of First Instance. If the President of the Court of First Instance finds that the arbitration clause is clearly null or insufficient to allow the appointment of the arbitrator or arbitrators, he shall issue a decision stating this and declaring that there is no basis for the appointment of these arbitrators. A null arbitration clause is considered as if it never existed.

Article 765

Article 765 - The arbitration agreement is a contract whereby the parties thereto agree to settle a reconcilable dispute arising between them through the arbitration of one or more persons.

Article 766

The judge of urgent matters may order measures to prevent irreparable harm pending final judgment.

Article 767

Article 767 - The parties may agree to settle a dispute through arbitration, even if the subject matter is of a lawsuit filed before the judiciary. They may also agree that the settlement shall be in accordance with the provisions of a foreign law or a foreign custom.

Article 768

Article 768 - The task of the arbitrator shall not be entrusted to a non-natural person. If the arbitration appoints a legal person, its role shall be limited to organizing the arbitration. The arbitrator may not be a minor, a person under interdiction, or a person deprived of their civil rights, or bankrupt, unless they have been restored to their honor.

Article 769

The provisional measures may be modified or revoked at any time by the court.

Article 770

1. Amended Article 770: The arbitrators may not be removed except by the agreement of all parties, and they may not be challenged from rendering a judgment except for reasons that occur or appear after their appointment. The challenge is requested for the same reasons that a judge is challenged. The challenge request is submitted to the Court of First Instance in the area where the agreed-upon arbitration center is located, or otherwise to the Court of First Instance in Beirut, within a period of fifteen days from the date the challenger learned of the arbitrator's appointment or the date the reason for the challenge appeared thereafter. The court's decision in this regard is not subject to any appeal.

Article 771

The party requesting provisional measures must provide security when required by the court.

Article 772

Article 772 - If a natural or legal person is appointed to organize arbitration, the task of arbitration is entrusted to one or more arbitrators accepted by all parties. If this acceptance is not obtained, the person in charge of organizing the arbitration invites each party to appoint one arbitrator and, if necessary, appoints the required arbitrator himself to complete the arbitration panel. If the parties fail to appoint an arbitrator, the person in charge of organizing the arbitration proceeds to appoint him. It is also permissible to directly resort to the appointment of arbitrators in accordance with the provisions of the second paragraph.

Article 773

Provisional measures shall not prejudice the rights of the parties regarding the merits of the case.

Article 774

Article 774 - In the cases stipulated in Articles 764, 771, and 773, the President of the First Instance Chamber referred to in Article 770, paragraph 2, shall issue his decision promptly upon the request of one of the parties or the Arbitral Tribunal. This decision shall not be subject to any appeal. However, it is permissible to appeal the aforementioned decision when the President has declared that there is no grounds for appointing an arbitrator or arbitrators for one of the reasons specified in the second paragraph of Article 764. The Court of Appeal shall consider the appeal promptly.

Article 775

Article 775 - The parties may agree in the arbitration clause, the arbitration contract, or a separate contract that the arbitration shall be ordinary or unrestricted, and it is also permissible to authorize the arbitrator or arbitrators to mediate between the parties.

Article 776

The court may order the reversal of provisional measures if they cause unjust harm.

Article 777

Article 777 - In absolute arbitration, the arbitrator or arbitrators are exempt from applying the rules of ordinary law and the principles of ordinary trial, and they shall rule in accordance with equity. Excluded from this exemption are the rules of law related to public policy and the fundamental principles of trial, in particular those related to the right of defense, the reasoning of the judgment, and also the rules specific to the arbitration system. Absolute arbitration shall only be established by virtue of an explicit provision in the arbitration agreement or in a separate agreement.

Article 778

Provisional measures ordered in preliminary proceedings shall be enforceable as judgments.

Article 779

Article 779 - The arbitrators shall conduct the investigation collectively, unless the arbitration agreement authorizes one of them to do so for this purpose. The arbitrators shall hear the statements of third parties without administering an oath to them. The arbitrators shall refer to the judge or the president of the court that would have had jurisdiction over the dispute had there been no arbitration, to carry out the following: 1- Ruling on witnesses who fail to appear or refuse to answer, with the penalties prescribed in this Law. 2- Ordering judicial summonses.

Article 780

The judge of urgent matters shall have jurisdiction over all requests for provisional measures.

Article 781

Article 781 - Without prejudice to what may be stipulated in a special agreement between the parties, the arbitration dispute shall terminate: 1- By the resignation of the arbitrator, or his death, or the occurrence of an obstacle that prevents him from performing his duties, or his deprivation of the exercise of his civil rights. 2- By the arbitrator's abstention or his refusal to render a decision. 3- By the expiration of the arbitration period.

Article 782

Article 782 - The discontinuance of the lawsuit in arbitration shall be subject to the provisions of Articles 505 to 508.

Article 783

Provisional measures may be ordered ex officio when the interests of justice require such measure.

Article 784

Article 784 - If, during the arbitration, an objection is raised that falls outside the jurisdiction of the arbitrators, or a challenge is made to a document, or penal proceedings are initiated regarding its falsification or a penal incident related to the dispute, the arbitrators shall suspend their work and the deadline set for the award shall be stayed until the arbitrators are notified of the final judgment rendered in that objection.

Article 785

Article 785: If one of the parties disputes before the arbitrator the principle or extent of the jurisdiction pertaining to him to consider the case presented to him, he shall have the right to rule on this dispute.

Article 786

The enforcement of provisional measures shall be conducted by the bailiff in accordance with the law.

Article 787

Article 787 - The arbitrator or arbitrators shall determine the date from which the case is deemed to be under deliberation or discussion, with a view to issuing a decision thereon. From this date, it shall no longer be permissible to submit any claim, reason, observation, or document, unless requested by the arbitrator or arbitrators.

Article 788

Article 788 - In the event of multiple arbitrators, the deliberation among them shall be conducted in secret, and the decision shall be issued by unanimous agreement or by a majority of votes.

Article 789

Provisional measures shall have the force of judgment and shall be enforceable accordingly.

Article 790

Article 790 - The arbitral award shall include: 1- The name of the arbitrator or the names of the arbitrators who issued it. 2- The place and date of its issuance. 3- The names, titles, capacities, and names of the agents of the litigants. 4- A summary of the facts, requests, and supporting evidence presented by the litigants. 5- The grounds of the award and its dispositive part.

Article 791

Article 791 - The arbitral award shall be signed by the arbitrator or the arbitrators issuing it. If a minority of them refuses to sign, the other arbitrators shall indicate this and the award shall have the same effect as if it had been signed by all of them.

Article 792

Article 792 - Upon issuance of the arbitral award, the matter is removed from the arbitrator's jurisdiction. However, the arbitrator retains authority to interpret the award, correct any errors or oversights within it, complete it if certain claims were omitted, and decide any claims not adjudicated. The provisions of Articles 560 to 563 shall apply in this regard. However, interpretation, correction, or completion of the award by the arbitrator shall only be permissible within the period prescribed for deciding the dispute, and after expiration of that period, interpretation or correction shall be undertaken by the court having jurisdiction, absent arbitration.

Article 793

Article 793 - In order to give the arbitral award an executory form, the original award must be deposited with the registry of the Court of First Instance referred to in Article 770, paragraph 2, either by one of the arbitrators or the most diligent party. A certified true copy of the arbitration agreement shall be attached to the original award, authenticated as being a true copy of the original by the arbitrators, the competent official authority, or the chief clerk. After verifying the original, the court clerk shall draw up a minutes of this deposit.

Article 794

Article 794 - The arbitral award has, from the date of its issuance, the authority of res judicata with regard to the dispute it has resolved.

Article 795

Article 795 (as amended) - The arbitral award shall not be executory except by order upon petition issued by the President of the Court of First Instance in whose registry the original award was deposited, upon request of the interested parties, after examination of the award and the arbitration agreement. If the dispute subject to arbitration falls within the jurisdiction of the Administrative Court, the executory formula shall be issued by the President of the State Consultative Council. In case of refusal, recourse may be had to the Cases Council. For purposes of this provision, dispute means any dispute that may arise between the contracting parties in an administrative contract concerning its interpretation or performance, excluding claims for nullity based on abuse of authority, which remain exclusively within the jurisdiction of the Administrative Court.

Article 796

Article 796 - The executory formula shall be affixed to the original of the arbitral award that has been deposited and to the original submitted by the person requesting this formula, and the latter original shall be returned to him immediately thereafter. The decision that refuses the executory formula must state the grounds for such refusal. The executory formula may only be refused for one of the grounds for nullity stipulated in Article 800.

Article 797

Article 797 - The rules applicable to accelerated execution of judgments shall apply to arbitral awards. In case of appeal or challenge by nullity, the President of the Appellate Court to which the challenge is submitted shall grant the executory formula for the arbitral award combined with accelerated execution. The Appellate Court may order accelerated execution under the circumstances and conditions specified in Article 575.

Article 798

1. Amended Article 798: The arbitral award is not subject to objection. An appeal against this award may be filed through a third-party objection before the competent court that would have heard the case had there been no arbitration, in accordance with the provisions of Article 681, paragraph 1.

Article 799

Article 799 - The arbitral award is subject to appeal, unless the parties have waived the appeal in the arbitration agreement. An arbitral award issued by an amiable compositeur is not subject to appeal, unless the parties have explicitly reserved the right to raise this appeal in the arbitration agreement, and in this case, the Court of Appeal shall consider the case as an amiable compositeur.

Article 800

Article 800 - If the parties have waived appeal or have not expressly reserved the right of appeal as provided in the preceding article, they may nevertheless challenge the arbitral award by nullity despite any contrary agreement. Challenge by nullity shall be permissible only in the following cases: 1- Issuance of the award absent an arbitration agreement or based on a null or expired arbitration agreement. 2- Issuance of the award by arbitrators not appointed in accordance with law. 3- The award exceeding the boundaries of the mandate assigned to the arbitrator or arbitrators. 4- Issuance of the award without compliance with...

Article 801

Article 801 - If the court to which the appeal is made annuls the arbitral award by way of nullity, it shall consider the subject matter within the limits of the mission assigned to the arbitrator, unless the parties agree otherwise.

Article 802

Article 802 - Appeal and nullity appeal shall be submitted to the Court of Appeal within whose jurisdiction the arbitral award was issued. Both appeal and nullity appeal are permissible from the date of issuance of the contested decision. However, it shall not be accepted if submitted after the expiration of thirty days from the notification of the executory-form decision.

Article 803

Article 803 - Unless the arbitral award is provisionally enforceable, the time limit for both appeal and nullity action suspends the execution of the award, and its execution is also suspended by the nullity action filed within the time limit.

Article 804

Article 804 (as amended) - Both appeal and challenge by nullity shall be filed, investigated and decided in accordance with the rules and procedures established for proceedings before the Appellate Court. The description of...

Article 805

Article 805 - The decision issuing the executory form is not subject to any appeal. However, the appeal of the arbitration decision or the appeal for its annulment shall have the effect of a judgment, within the limits of the dispute pending before the Court of Appeal, to challenge the decision of the executory form or to lift the hand of the competent judge who issued it.

Article 806

Article 806 - The order refusing issuance of the executory formula may be appealed within thirty days from notification thereof. In such case, the Appellate Court may examine, upon motion...

Article 807

Article 807 - If the appeal or the challenge by way of nullity is rejected in whole or in part, this shall entail the granting of an enforcement formula to the arbitral award or to the provisions thereof that were not affected by the annulment or nullity.

Article 808

1. Amended Article 808 - The arbitral award is subject to appeal by way of retrial for the reasons and under the conditions specified for appealing judgments by this means. This appeal is submitted to the Court of Appeal within whose jurisdiction the arbitral award was issued, and the decision issued by the Court of Appeal is subject to appeal by way of cassation and by way of third-party opposition.