Publications

At EMEA Legal Counsels, we are always committed to solidifying and sharing our expertise. We are frequently participating in various international conferences and legal seminars, as well as being engaged in continuously publishing updates, articles, legal studies and business guides. Below are some of our publications.

Insurance

Initial Onus of Proof & Payment of Claims

Lebanon | September 2020

Analysis of the Burden of Proof and the payment of insurance claims further to Beirut’s the 04th of August tragic event.

Arbitration & ADR

Arbitration clauses in EPC contracts

International | September 01 2016

Arbitration is becoming increasingly popular for engineering, procurement and construction contracts, particularly when international entities or parties are engaged in cross-border transactions. The form and forum of dispute resolution are of great importance. They must be carefully considered at the outset of any transnational deal and in the course of drafting contracts.

Company & Commercial

Can a court adjust your liquidated damages assessment?

Lebanon | June 27 2016

Whether parties in a contractual dispute can apply for a liquidated damages adjustment to reflect actual damages is a hot topic. If the contract does not stipulate a pre-designated liquidated damages amount, courts can increase or decrease the amount of damages being sought. However, including such a pre-designated amount acts as an upper limit and limits the courts’ power to lower the amount of damages recoverable by the claimant.

Construction

Delay liquidated damages and performance liquidated damages: what you should know

International | May 09 2016

Given the margins with which construction firms operate, the increasing number of claims filed, and the growing influence of international organisations, one of the points often raised during construction contract negotiations is the inclusion of clauses limiting financial liability. Liquidated damages provisions for delays and performance provide a much-needed degree of certainty for both parties, although careful drafting is essential.

Limiting financial liability for contractors

International | March 14 2016

Liquidated damages play an important role in ensuring that engineering, procurement and construction contracts are bankable. It is, therefore, vital to ensure that they are properly drafted so that contractors cannot avoid their liquidated damages liability on a legal technicality. It is also essential to distinguish between the different types of performance liquidated damages to protect against allegations that constitute a penalty.

Insurance & Reinsurance

The Arbitration Clause In Insurance & Reinsurance

Global – October 20 2017

Recourse to alternative dispute resolution is expected to progress in terms of insurance and reinsurance contracts. In the field of reinsurance, a contract by which the direct insurer discharges a reinsurer of a portion of the insured risks, arbitration is already used to resolve almost all the reinsured-reinsurer disputes. ​An agreement by which the parties to a contract undertake to submit to arbitration disputes arising in connection with the contract, the arbitration clause, is present in most reinsurance contracts. If these procedures are less frequent in insurance, the profession now promotes mediation and publishes rules to resolve any disputes related to an insurance contract between insurance companies.

Insurance brokerage under the Lebanese Law

Lebanon – September 6 2017

Unlike insurance providers, insurance brokers use their professional knowledge and experience to assess insurance needs properly, shop for the best value in insurance coverage and assist clients in the event of a claim. In other terms, an insurance broker or insurance agent sells, solicits, or negotiates insurance for compensation.

The Guide to Insurance & Reinsurance in Lebanon

Insurance & Reinsurance in Lebanon

Global, Lebanon – October 30 2017

A structured guide to insurance and reinsurance laws in Lebanon.

Conducting insurance and reinsurance business in Lebanon

Global, Lebanon – October 30 2017

A structured guide to ownership, organisational and operating requirements for insurers and reinsurers in Lebanon.

Insurance and reinsurance claims in Lebanon

Global, Lebanon – October 30 2017

A structured guide to insurance and reinsurance claims in Lebanon.

Insurance and reinsurance contracts in Lebanon

Global, Lebanon – October 30 2017

A structured guide to insurance and reinsurance contracts in Lebanon.