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1 - 10 search results of 17.


  • Lebanon Court of Cassation21 Mar 2012Lebanon

    Decision to appoint an arbitrator – Appeal in the aim of annulling the arbitral award – Possible acceptance thereof – Violation of fundamental rules of procedure

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  • Lebanon Court of Cassation19 Mar 2012Lebanon

    Request to challenge an arbitrator – Submitted outside the legal time limit – Rejection of the request – New ground for challenge – Litigation and enmity – Meaning thereof

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  • Lebanon Court of Cassation15 Feb 2012Lebanon

    Request to challenge an arbitrator – Challenge thereof by a decision by the First Instance Chamber – Cannot be subject to any means of recourse – Appeal in the aim of annulment – Conditions of acceptance thereof – Commentary by the President of the Bar Association Samir Abi Allama (Lebanon)

    [Subscription only]
  • Lebanon Court of Cassation25 Jan 2012Lebanon

    Company – Arbitration clause contained in its articles of association to settle the dispute – Request to appoint an arbitrator – Invitation of all partners (No) – Partners owning three quarters of the shares have the right to appoint the arbitrator – Non-availability thereof – Obstacle – Arbitrator appointed by the judge

    [Subscription only]
  • Lebanon Court of Cassation24 Jan 2012Lebanon

    Agreement that the arbitral award is made summarily self-executing – Request to stay the enforcement – Request granted by the Court of Appeal – Appeal in cassation – Agreeing on the expeditious enforcement does not prevent the parties from requesting the stay of its enforcement – Grounds of the decision to stay the enforcement not clear – Insufficient substantiation – Lack of legal basis – Temporary decision to stay the enforcement – Rejection of the request to stay the enforcement

    [Subscription only]
  • Lebanon Court of Cassation16 Jan 2012Lebanon

    Conventional arbitration and equity arbitration – Principle of due process – Validity of the grounds – Commentary by Roger Assi, Attorney at Law (Lebanon)

    [Subscription only]
  • Lebanon Court of Cassation02 Nov 2011Lebanon

    Arbitration agreement – Validity thereof – Substance of the dispute – Determination thereof – Agreement including an additional obligation – Non-revocation of the principal obligation – Non-renewal of the obligation – Mission not exceeded – Determination of the subject matter of the dispute in the arbitration agreement – Determination thereof not necessary in the arbitration clause – Terms of reference – Handwritten – Non violation of the public policy – Respect of the right of defense – Non challenging of procedural matters during the arbitration hearings – Request to submit some documents – Documents useless – Non violation of the right of defense – Conciliation attempt – Facts not taken into consideration – Non evaluation of the reasoning – Incapacity of the person who signed the terms of reference – New counsel who adopted the previous claims – Waiver of the challenge of previous procedures – Commentary by Dr. Ghaleb Mahmasani (Lebanon)

    [Subscription only]
  • Lebanon Court of Cassation17 Oct 2011Lebanon

    Arbitration clause – No need to draft an arbitration agreement – Previous opinion given by the arbitrator – Withdrawal not suggested – Public policy – Annulment of the arbitral award

    [Subscription only]
  • Lebanon Court of Cassation26 Sep 2011Lebanon

    Arbitration clause – Requirements – Agreement to appoint an arbitrator – Putting such agreement into effect – Failure of one of the parties to appoint its arbitrator – Obstacle overcome by the President of the First Instance Chamber

    [Subscription only]
  • Lebanon Court of Cassation27 Jun 2011Lebanon

    Contract – Arbitration clause – Appointment of an arbitrator by one of the two parties – The members of the other party nominates an arbitrator – Failure of the other members to do so – The arbitrator is not an agent to the parties – Difficulty in applying the arbitration clause – No nullity –Identity of interests – Mentioning the method of appointment of the arbitrator – The judge helps both parties to overcome the difficulties unless they are illegal – Appointment of an arbitrator on behalf of all the members of the party that failed to appoint one

    [Subscription only]