Answer ... (a) Procedure, including evidence?
Arbitrators are empowered to investigate the case and conduct the proceedings as they deem appropriate, if there is no agreement between the parties on specific procedural rules.
For this purpose, the arbitrators may hear third parties without putting them under oath. They may also order the parties to produce any proof in their possession and verify the authenticity of handwriting, except in case of allegation of forgery of a document (Articles 779 and following of the LCCP).
(b) Interim relief?
Following the 2002 amendment of the LCCP, Article 789 explicitly empowered arbitrators to issue interim relief and conservatory measures.
The arbitrators’ ability to issue such relief or measures does not prevent the court of urgent matters from doing the same, with the exception of granting interim payments, which may imply an assessment of the substance of the case and can thus be deemed to be within the scope of the arbitrators’ jurisdiction.
(c) Parties which do not comply with its orders?
Arbitrators do not have coercive powers in Lebanon, but this does not prevent them from drawing negative inference from a party’s refusal to comply with their orders.
Article 779 of the LCCP provides for two ways in which the arbitrators may seek the assistance of state courts to ensure compliance with their orders:
- issuing rogatory letters; and
- imposing a penalty on witnesses who fail to appear before the arbitral tribunal or refuse to answer its questions.
(d) Issuing partial final awards?
Following its amendment in 2002, Article 789 of the LCCP explicitly allows the issuance of partial final awards which finally resolve part, but not all, of the dispute before the arbitrators.
(e) The remedies it can grant in a final award?
There are no limitations in Lebanese law in relation to the powers of arbitrators to grant any kinds of remedies in their award. The scope of such remedies is wider in arbitrations ex aequo et bono.
(f) Interest?
Lebanon does not prohibit interest and the annual legal rate of interest is 9%, unless agreed otherwise by the parties.