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Author: Malek Kallas

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The Competition Law is a law that was enacted in 2022 in order to promote freedom of competition and ensure fair and competitive markets in Lebanon. This law defines the rules governing competition in the country, prohibits agreements and practices that violate these rules, and combats monopolistic practices and the abuse of dominant positions in the market. The main goal of this law is to protect the rights of consumers and promote economic efficiency, production, innovation, and technical progress, while also...

The Human Genetic Testing Act is a law that was enacted in 2004 to regulate the use of genetic testing in the Lebanese healthcare system. This law aims to protect the rights of individuals and to ensure that genetic testing is carried out in a responsible and ethical manner. One of the main provisions of this law is the requirement for informed consent for genetic testing. No genetic testing can be performed without the written informed consent of the person being...

The Patients' Rights and Informed Consent Act is a law that was enacted in 2004 to protect the rights of patients in the healthcare system. This law outlines the rights of patients to receive appropriate medical care, to be fully informed about their health status, and to have the right to give or withhold consent for medical treatments and procedures. One of the key provisions of this law is the right to be fully informed about one's health status. This includes...

Medical ethics are the cornerstone of the practice of medicine, as they help ensure that doctors provide care to their patients in a specialized and empathetic manner. The Medical Doctor’s mission is to prevent, rehabilitate, alleviate pain and raise the general level of physical and psychological health. In Lebanon, Law 288 of 1994 is a key piece of legislation that outlines the ethical standards that doctors must adhere to. In 2012, an amendment to this law was passed under the number 240,...

International real estate acquisition and cross border commercial activities are certainly an increasing trend and have become the norm for many Lebanese nationals and expats who own or intend to purchase real estate abroad whether for investment purposes, vacation homes, foreign Citizenship through real estate acquisition, new work domicile, immigration etc. These cross border real estate acquisitions raise many legal concerns and oftentimes entail unintended legal consequences especially in terms of tax and inheritance law. Every country has a different and...

Mediation is an amicable process of resolving disputes between two or more parties who are in disagreement. It involves a professionally trained individual, a mediator, assisting those individuals in drafting an agreement that addresses the needs of both parties. The goal is to identify the zone of possible agreement and reach a win-win situation. In this post we hope to provide some insight into what mediation entails under Lebanese law and how it can help you with any future dispute. Mediation is...

 The following is a summary of the procedures to be followed to issue a Probate Decision in Lebanon to determine the inheritance and complete the asset transfer transactions before the Ministry of Finance (MOF), whether by the heirs of a Lebanese citizen or a foreign national residing in Lebanon or abroad.  First: Defining the Asset Transfer Fee (Transfer Fee) A Transfer Fee is imposed on all movable and immovable assets and funds that constitute the Estate. The Transfer Fee includes:  (a) All movable and...

Towards a modern global view of law practice and the need to reform the current legal educational system Law students and legal practitioners are accustomed to the traditional view of the law which consists of a clearly defined categorization of local law, public international law (governing interstate relations) and private international law (governing relations between private persons and legal entities) Thus, law students are being taught these subjects in totally separate courses and legal practitioners become specialized in each of the...

DECOMMISSIONING OFFSHORE INSTALLATIONS IN THE OIL AND GAS INDUSTRY Decommissioning is an integral part of the oil and gas industry operations, where the offshore assets and facilities need to be removed, reused if possible or recycled when they reach the end of their operating life. (Alternative use of the infrastructure may also be evaluated) From a practical perspective, a significant number of installations worldwide are reaching the end of their design life, and while there are some ways to expand their lifecycle...

ICOs under global securities regulations Malek Kallas – Master of Laws - King's College London (Last updated on February 2019)  TABLE OF CONTENTS Chapter 1: Introduction    3 Chapter 2: The "Howey Test" - Standing the test of time and technology    6 Section 1: Strict regulation under existing laws - Assessment of whether ICOs may be "securities" based on their structure (USA)    7 1.1 The SEC and the "Howey Test"    7 1.2. Investor Protection Warnings issued by U.S. authorities    9 1.3. U.S. v. Zaslavskiy – A recent landmark decision    10 Section 2: The investment contract test in the...