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A judgment handed down by a foreign court does not take effect in Lebanon on its own. Before it can be enforced against assets or persons in Lebanon, it must be granted an exequatur (the enforcement order) by the competent Lebanese court. This guide explains what qualifies as a foreign judgment, the conditions and documents required to obtain the exequatur, the competent court and appeal deadlines, and the cases in which enforcement is refused.

What counts as a foreign judgment

A foreign judgment is any judgment, decision, or judicial order issued by a judicial authority that is not subject to Lebanese jurisdiction.

The exequatur requirement

Foreign judgments cannot be enforced in Lebanon against assets or persons until they have been granted an exequatur. To become enforceable in Lebanon, a foreign judgment must be granted the enforcement order by the competent Lebanese court.

Even before the exequatur is granted, however, the foreign judgment may be used as supporting evidence or as the basis for precautionary measures, such as a precautionary real-estate registration, judicial sequestration, or a precautionary attachment. In that context, the application for an exequatur takes the place of an action to validate the attachment or an action to establish the debt.

Competent court, procedure, and appeals

The application for an exequatur is filed by way of a non-contentious petition (voie gracieuse) submitted to the President of the Civil Court of Appeal for the place where the defendant is domiciled or resides, or where the assets to be enforced against are located; failing that, to the President of the Beirut Civil Court of Appeal. The President then issues a decision on the petition either granting or refusing the application.

Where the application is granted and the exequatur issued, any aggrieved party may object to it before the Court of Appeal within thirty days from being notified of the decision or of any step taken to enforce it. If the judgment granted the exequatur is a contentious judgment that is not immediately enforceable, the opposing party’s appeal period suspends enforcement, as does an appeal lodged within that period.

Where the application is refused, the applicant may object to the refusal within fifteen days of notification before the Court of Appeal. The appellate decision is then subject to the same avenues of recourse as decisions issued by the Courts of Appeal.

Judgments and decisions issued abroad in matters falling within the jurisdiction of Lebanon’s confessional (religious) authorities are enforced after being granted an exequatur by the competent civil courts if they were issued by civil courts; if they were issued by religious authorities, the exequatur is granted by the competent confessional authorities in Lebanon.

Conditions for granting the exequatur

The exequatur is granted to a foreign judgment only if all of the following conditions are met:

• It was issued by judges having jurisdiction under the law of the country in which it was rendered, provided that their jurisdiction was not based solely on the plaintiff’s nationality. Where two foreign judgments have been rendered in the name of different sovereignties on the same subject matter and between the same parties, the exequatur is granted to the judgment that accords with the Lebanese rules of international jurisdiction.
• It has acquired the force of res judicata and enforceable force in the state in whose name it was rendered. Nonetheless, an exequatur may be granted to non-contentious and provisional judgments that have become enforceable in the state concerned.
• The party against whom judgment was given was notified of the proceedings that led to the judgment and had their rights of defence secured.
• It was rendered in the name of a state whose laws permit the enforcement of Lebanese judgments on its territory, whether after review or after the grant of an exequatur (reciprocity).
• It contains nothing contrary to public policy.

Grounds for refusing the exequatur

The Lebanese courts must refuse the exequatur in the following cases:

• Where a final Lebanese judgment has already been issued between the same parties in the same dispute that gave rise to the foreign judgment.
• Where an action in the same dispute and between the same parties is still pending before the Lebanese courts, having been filed before the action that resulted in the foreign judgment.

Documents required with the application

The party applying to have a foreign judgment granted an exequatur must produce the following:

• A duly certified copy of the foreign judgment, meeting the conditions that establish its authenticity under the law of the country in which it was rendered. The certified copy must carry the authentications of the following authorities: the official competent to issue an enforceable copy of the judgment in the country of origin, the foreign Ministry of Justice, the foreign Minister of Foreign Affairs, the Lebanese ambassador or consul in that country, the Ministry of Foreign Affairs of the foreign country, and the Lebanese Ministry of Foreign Affairs certifying the signature of the Lebanese ambassador or consul.
• Documents establishing that the judgment has acquired enforceable force in the country in which it was rendered.
• A certified copy of the summons addressed to the party that failed to appear at the hearing, and of the document notifying them of the proceedings, where the judgment was rendered in default.
• A translation conforming to the original of the documents listed above, certified in accordance with Lebanese law.

Foreign criminal and administrative judgments

Foreign judgments issued by criminal or administrative courts cannot be granted an exequatur except where they include obligations of a civil nature, and only as regards those obligations.

Capacity, personal status, and non-contentious decisions

Foreign judgments concerning capacity and personal status, as well as decisions issued by a court in non-contentious matters, produce their effects in Lebanon automatically, without the need for an exequatur, provided that they are not the subject of a dispute.

Even so, an exequatur remains required in order to make, correct, or strike out entries recorded in the Lebanese personal-status registers. And where enforcement measures against assets or persons are sought, the exequatur becomes an essential condition for enforcing the judgment.

Effects of a foreign judgment granted an exequatur

Once granted an exequatur, a foreign judgment acquires the same enforceable force enjoyed by a Lebanese judgment, and is enforced by compulsion in accordance with the Lebanese law of execution, including all the means of enforcement it provides, even where these conflict with the methods of enforcement applied in the country of origin.

International treaties

International treaties play a decisive role in governing the enforcement of foreign judgments in Lebanon. Where the provisions of such treaties conflict with the Lebanese Code of Civil Procedure, the provisions of the treaties prevail and take precedence in application, in accordance with the principle of the hierarchy of norms.

Frequently asked questions

What is a foreign judgment under Lebanese law?

It is any judgment, decision, or judicial order issued by a judicial authority that is not subject to Lebanese jurisdiction.

Can a foreign judgment be enforced in Lebanon directly?

No. It cannot be enforced against assets or persons until it has been granted an exequatur by the competent Lebanese court. Judgments on capacity, personal status, and non-contentious matters are an exception: they take effect automatically unless disputed.

Which court grants the exequatur?

The application is filed by non-contentious petition to the President of the Civil Court of Appeal for the place where the defendant is domiciled or resides, or where the assets are located; failing that, to the President of the Beirut Civil Court of Appeal.

What are the conditions for granting an exequatur?

The judgment must have been issued by a competent court, have acquired the force of res judicata and enforceable force, have secured the defendant’s rights of defence, come from a state that reciprocally enforces Lebanese judgments, and contain nothing contrary to public policy.

What documents are required?

A certified copy of the foreign judgment with the full chain of official authentications, documents proving it has acquired enforceable force in its country of origin, a copy of the summons where the judgment was rendered in default, and a certified translation compliant with Lebanese law.

Can a foreign criminal or administrative judgment be enforced?

Only where it includes obligations of a civil nature, and only as to those obligations.

How we handle foreign-judgment enforcement

Kallas Law Firm handles applications for the exequatur of foreign judgments and instruments before the competent Lebanese courts and authorities. Get in touch.

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