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Bin Eid Advocates

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LEGAL ARTICLES

MON 1 JUL, 2024 | 10:19 AM


ABORTION: A CONSTITUTIONAL RIGHT?


This writing will discuss the topic of abortion and its relation with the
constitutional right to Privacy, as well as the extent to which the latter must
be limited by the Government. The thesis that is going to be argued is
concurrent with the latest ruling of the U.S. Supreme Court in Dobbs v. Jackson
Women's Health Organization (2022) which overturned the controversial decision
Roe v. Wade (1973). It will be argued that abortion has no constitutional ground
as it shall not be protected under the constitutional right to privacy, or to
"be let alone". It will also be argued in favor of the most extensive/ least
restrictive version of the right to be let alone.
Read More
Jad Chahrour

MON 1 JUL, 2024 | 12:06 PM


RELIGIOUS FREEDOM: VIOLATING THE US CONSTITUTION?


Does the Religious Freedom Restoration Act of  West Virginia violate the US
Constitution?
Read More
Jad Chahrour

MON 1 JUL, 2024 | 12:11 PM


SHOULD GOVERNMENTS INTERVENE IN THE MARKETS? USA & EU CASE STUDY


This opinion piece, written by Jad Chahrour, explores the case for government
intervention by the US in the markets following the EU Model.
Read More
Jad Chahrour

MON 1 JUL, 2024 | 1:07 PM


THE ADMISSIBILITY AND ENFORCEABILITY OF ELECTRONIC ARBITRATION


Arbitration is a form of dispute resolution where parties agree to submit their
disputes to a neutral third party, known as an arbitrator, who makes a binding
decision. With the increasing use of technology in business and commerce,
electronic arbitration, also known as online arbitration, has become more
common. The admissibility and enforceability of electronic arbitration have been
subject to much debate and controversy due to concerns surrounding the validity
of electronic signatures, the reliability of electronic evidence, and the
enforceability of awards in different jurisdictions. This article provides an
overview of the admissibility and enforceability of electronic arbitration. It
begins by defining electronic arbitration and its key features, including
electronic signatures, electronic evidence, and the use of technology to
facilitate the arbitration process. It then discusses the legal framework
governing electronic arbitration, including international conventions, national
laws, and institutional rules. It highlights the challenges associated with the
admissibility and enforceability of electronic arbitration agreements,
arbitration proceedings, and the e-awards. The article concludes by emphasizing
the importance of ensuring the admissibility and enforceability of electronic
arbitration to promote its wider use and acceptance as a viable alternative to
traditional dispute resolution mechanisms. It argues that a clear legal
framework, robust authentication mechanisms, and reliable technology are
essential to ensure the validity and enforceability of electronic arbitration
awards.
Read More
Yorgo Abi Khalil

MON 1 JUL, 2024 | 2:39 PM


PROTECTION OF AIRSPACE SOVEREIGNTY UNDER INTERNATIONAL LAW


Airspace Sovereignty and International Law: an Overview
Read More
Ahmad Kobrosli

MON 1 JUL, 2024 | 3:16 PM


EUTHANASIA: LEGAL CONTROVERSY


Abstract: Euthanasia is the practice of painless killing of a patient suffering
from an incurable or painful disease. It encompasses a variety of different
forms and practically performed through different approaches. Euthanasia is
generally regarded as a crime in most of the world’s jurisdictions. All persons
have a right to life in accordance with the principles of natural law.
Supporters and opponents of euthanasia are guided by its pros and cons
respectively. On the other side, international laws concerning human rights
emphasize the value of human life, considering the act of depriving a person
from his or her life unethical. Statistical studies demonstrate a rise in the
number of euthanasia occurrences. On the contrary, Lebanese laws strictly
prohibit mercy killing. This article discusses, briefly, the international and
national legislation and religious beliefs that restrict certain states from
legislating euthanasia, deems that it is an unresolved and contentious case
worldwide.
Read More
Eva Zouheiry

TUE 2 JUL, 2024 | 7:14 AM


MONEY LAUNDERING: A LEGAL FRAMEWORK


Abstract: Money Laundering is a serious financial crime that aims to legitimize
illegitimate funds. Considered for the most part a predicate crime, Money
Laundering is criminalized in most of the world’s jurisdictions and tends to be
associated with other more serious crimes such as the globalized financing of
terror. Money laundering has greatly evolved as a result of the globalization of
the world’s financial and economic activities with the advent and popularization
of the internet. However, it remains a tripartite process of placement,
layering, and integration. This is despite its many forms, which include
cybercrime and reverse money laundering inter alia. The negative effects of
money laundering are wide-ranging and severe. This article discusses both the
international and national (Lebanon) legislation and procedures aimed at
combatting money laundering and concludes that it is not enough. Increased
international cooperation is required to effectively combat money launderers,
and law enforcement agents must be equipped with adequate and effective
crime-fighting tools and capabilities.
Read More
Eva Zouheiry

TUE 2 JUL, 2024 | 9:44 AM


PROTECTING INNOVATION THROUGH PATENTS, COPYRIGHTS, & TRADEMARKS


How Regulatory Instruments like Patents, Copyrights, and Trademarks help protect
Intellectual Property and promote economic interests
Read More
Melissa Tabet

TUE 2 JUL, 2024 | 10:51 AM


INDIVIDUAL RIGHT TO REPARATIONS UNDER INTERNATIONAL HUMANITARIAN LAW


Abstract There is no general individual right to reparation for international
humanitarian law violations because, under the law of war, the State is the only
actor entitled to compensation, not the individual. While there have been calls
to establish such an individual right in recent years, others have tried to find
that this right exists in other international mechanisms, which individuals
could use to invoke their rights. Nevertheless, what advantages could come from
establishing individuals' right to claim their rights under international
humanitarian law? It would not only serve justice for the victims by avoiding
having their rights taken by "lump sum" peace accords but would also serve in
the enhancement and promulgation of compliance, especially as individuals will
be able to demand reparations from other individuals.
Read More
Fadi Hachem

TUE 2 JUL, 2024 | 12:02 PM


BLOCKCHAIN AND THE LEGAL REVOLUTION


Why Blockchain Matters
Read More
Jana Chreim

TUE 2 JUL, 2024 | 1:37 PM


RETHINKING FINANCIAL SECURITIES: ON THE NEED FOR AN ALTERNATIVE DISPUTE
RESOLUTION REFORM WITHIN THE SECURITIES INDUSTRY


The internet represents a dynamic interface for the transmission of information,
which only goes to show the trappings of rigid and static [legal] systems. Such
was the case of the 2021 GameStop phenomenon, wherein FINRA failed to arbitrate
and perform dispute resolution. It is for this reason that we need to rethink
financial securities and to develop a robust alternative dispute resolution
framework for the securities industry. This paper analyzes the historical
evolution and inception of FINRA and its main procedures and functions. We then
study FINRA’s independence in light of the GameStop r/WallStreetBets. We come to
the conclusion that FINRA faces a fundamental conflict of interest, being funded
by the same group of businesses whose function it is to regulate. The solution
would therefore to be the liberation of FINRA’s arbitration department from
FINRA itself, as an ad-hoc case-by-case [regular] arbitration style dispute
resolution. Parties would have the right to select the arbitrator of their
choice, whom would together choose a third arbitrator to preside over the
tribunal. By following this model, FINRA’s arbitration would be liberated from
the mercy of broker-dealer firms’ money, since arbitrators would no longer
depend on the fees paid by these institutions as their wages. Decisions would be
more independent, fairer to the average trader, and more equitable. Such a small
change could lead to the needed revolution in the securities industry, and the
world could finally see the birth of a second big market: the small traders’
market. People like the subscribers of WallStreetBets deserve to have a chance
and deserve to receive justice when a wrong is committed by a trader-broker.
This is because our proposed solution addresses a core imbalance in the conflict
of interests – we see that implementing our solution would be a better way to
administer justice inside the institution.
Read More
Perla Khattar

TUE 2 JUL, 2024 | 2:10 PM


THE 21ST CENTURY WAR ON PRIVACY


CALIFORNIA, EUROPE ET AL. V. GOOGLE, FACEBOOK ET AL.
Read More
Perla Khattar

TUE 2 JUL, 2024 | 2:27 PM


THE STATE AND FREEDOM OF ASSEMBLY: PROTESTOR’S RIGHTS?


Analytical Case Study of the Lebanese October Protests
Read More
Perla Khattar

WED 3 JUL, 2024 | 10:29 AM


USA V. LEBANON: HOW TO BECOME AN ATTORNEY IN EACH


With the American legal system deeply rooted in the Common Law world and the
Lebanese legal system founded on Civil Law, we will be tackling the differences
between both countries when it comes to becoming an attorney, especially with
the increasing demand of lawyers well-versed in either system.
Read More
Perla Khattar

WED 3 JUL, 2024 | 10:54 AM


THE KAFALA SYSTEM: A STORY OF MODERN SLAVERY


The worst part? It’s completely legal. The Kafala system is an unjust system
that holds in its grip upwards of 250,000 migrant domestic workers in Lebanon1,
rendering them powerless to defend themselves against their employer and
reducing their state to the extremes of a modern form of slavery. International
and local non-governmental organizations demand to this day the abolishment of
the system as a whole, due to its complete disregard for the treatment of the
domestic workers that fall under its yoke.
Read More
Sabine Zaraket

WED 3 JUL, 2024 | 11:16 AM


VACCINE MANDATES V INDIVIDUAL LIBERTIES


Abstract: The advent of the COVID-19 pandemic has changed the lives of many
worldwide, and ended many others. This has caused pharmaceutical companies to
rush and produce vaccines, which were then endorsed by governments worldwide.
There exists today a political and legal discussion on this matter, more
specifically, the matter of vaccine mandates. Vaccine mandates are government
issued edicts to the effect of mass vaccinating the population. Some have
encouraged this move, deeming it the State’s responsibility to protect public
health and lives from the dangers of the virus, and argue that it is within the
State’s prerogatives to sanction those who do not take the vaccine as it is a
public danger to do so. Still others have argued quite the opposite, and have
said that one’s bodily autonomy and personal liberties cannot be overruled by
state mandates and edicts for whatever reason. Taking the vaccine is as much a
right as abstention, they argue. This article explores this dichotomy between
public health and individual freedoms and personal autonomy from the perspective
of international laws and conventions in addition to a multitude of national
laws.
Read More
Sabine Zaraket

WED 3 JUL, 2024 | 11:36 AM


MATERNAL CUSTODY IN LEBANON


This article discusses the differing and varied maternal custody laws, customs,
and common practices within the Lebanese state amidst a multitude of archaic and
multi-varied personal status laws. Lebanon has 18 recognized sects, and Law 60
of 1936 grants them the right to regulate their affairs on both legislative and
judiciary levels, hence each religious sect applies its own rules which are
applied in court disputes related to family matters such as divorce, marriage,
inheritance, and care of children. The negative implications of such a
multiplicity of religious laws are important: with no unified civil code
regulating personal status matters, and with a patriarchal religious system in
place, clear discriminations against women are often found in religious laws,
especially in relation to children’s custody. Moreover, a child’s best interest
and welfare are rarely taken into consideration in court rulings, in which joint
custody is not recognized. That being the case, the mother is given custody
until a certain age (which varies depending on the religious sect of the
father), after which the father or the paternal family gets custody. Women are
greatly disadvantaged under the current sectarian status quo, and would find it
much more favourable to them with a unified national and secular law of personal
status.
Read More
Elissa Moussawi

WED 3 JUL, 2024 | 11:58 AM


PROTESTERS VIOLENTLY SUPPRESSED AND DETAINED


he Lebanese Constitution confers in Article 13 the right to freedom of speech
and states in its preamble that Lebanon is a democratic republic. However, can
Lebanon be called a free and democratic country that preaches freedom of speech
when means of suppression are being used to silence the voice of the people? The
aim of this article is to highlight the most important transgressions on
civilians’ rights witnessed during the October 17 Revolution, and to establish a
legal frame that demonstrates the alarming reality of it. In fact, during the
constant clashes that mainly occurred in Downtown Beirut and in Tripoli,
activists have been subjected to an excessive and unlawful use of violence by
the Internal Security Forces (ISF) and the Lebanese Armed Forces (LAF), and have
been detained without due process rights, which is a clear violation of both
international and internal laws.
Read More
Elissa Moussawi

WED 3 JUL, 2024 | 12:19 PM


HATE CRIMES UNDER INTERNATIONAL & LEBANESE LAW


Hate Crimes within the context of the Lebanese and international legal systems.
Hate crimes are challenging judicial foundations worldwide. Hate crimes are
currently drawing global attention, demanding subjects of international law to
adopt regulating conducts for such crimes. The consequences of biased-motive
crimes go far beyond individual harm to imperil the general social organization.
Hate crimes are recognized as human rights’ violations by international legal
personnel. However, many jurisdictions are yet to criminalize them,
necessitating that policy makers take the necessary steps to redress that, as in
Lebanon. It is the duty of states to provide adequate legal definitions for
biased-motive crimes, specify the means of prosecution, and decide the adequate
punishment. Despite the demand, the Lebanese legal system has so far failed at
providing hate crimes with an adequate legal description. If not held
accountable, offenders’ violence might escalate promising a loss in the feelings
of safety and security among the targeted groups. Legal recognition starts by
providing a clear and coherent definition of what acts constitute hate crimes,
distinguishing them from regular criminal conduct. This study first explores the
concept of hate crimes, then investigates the legal framework of hate crimes in
international and local legislation, sheds light on the loopholes in the
Lebanese approach for hate crimes, and ends with a few remedial suggestions.
Read More
Eman Sabaa Ayoun

WED 3 JUL, 2024 | 1:02 PM


THE CODE OF COMMERCE: A REFORM TOO LATE


Over a year has passed since the 78-year-old Code of Commerce was finally
amended by Law 126, adapting many of its articles to modern standards. However,
instead of also ushering in long-awaited legislation that countless governments
promised to deliver, their attempts to overhaul the archaic system fell short of
any meaningful impact, the reform of the Code of Commerce not being enough to
unlock the grants offered by CEDRE, nor to prepare for the impending economic
apocalypse that was already looming ahead.
Read More
Mario Boustani

WED 3 JUL, 2024 | 1:10 PM


BEIRUT BLAST: INTERNATIONAL INVESTIGATION?


Seven months into the Beirut Blast and the thirst for justice is intensifying.
With investigations permeated with due process violations, and reports surfacing
with more tangled evidence, a demand for an international independent and
impartial fact-finding mission is increasing. Before we advance as to why a
national investigation into the Beirut Blast is not our optimal option, one must
know why such proposition is necessary. Why is it essential to have an impartial
and independent investigation into 210 lives taken and 300,000 more displaced?
The purpose of any investigation into a deprivation of life is to determine what
are the circumstances of the acts that took place. Accordingly, a clear
assessment should be formed onto whether the deprivation took place arbitrarily,
and subsequently, the right to life was not respected. If such assumption is
legitimate, an arbitrary deprivation of life then entails a duty to uncover the
factual causes behind that loss of life. This article makes three advancements.
The first is that the current national investigation does not respect
international obligations undertaken by the Lebanese State. The second is that a
UN Fact finding mission proves itself, under the circumstances present, to be
the only solution that could ensure justice, accountability and reliability in
the elucidation of facts that led to the Beirut Blast. Finally, it argues that
whatever the outcome of the fact-mission avers, officials cannot be prosecuted
under International Criminal Law on the prevailing narrative of crime of
negligence without proof of mens rea, criminal intent.
Read More
Joya Elias

WED 3 JUL, 2024 | 2:34 PM


“TRY THEM ALL” – CAN LEBANESE POLITICIANS BE TRIED AT THE INTERNATIONAL CRIMINAL
COURT?


Hundreds of Lebanese citizens filled the streets with one demand: A criminal
trial. BEIRUT: Few days following a nuclear-like explosion in Beirut, Lebanese
citizens have returned to the streets demanding accountability. Clashes between
protestors and riot police have turned extremely violent as the political class
fears its annihilation. Countless Lebanese people have filled social media with
a new demand this time: an independent international investigation of the
explosion, and a trial at the International Criminal Court for the perpetrators.
Read More
Rebecca Ego

THU 4 JUL, 2024 | 9:14 AM


‘REFUGEES’ IN LEBANON: FUTURE CITIZENS?


It is perhaps one of the world’s greatest ironies that the state with the
highest proportion and density of refugees does not actually recognize their
status as such. The Republic of Lebanon has one refugee for every four citizens
and has a refugee population density of about 244 per square kilometer (greater
than the density of most states), yet it has never signed an international
treaty to give these ‘refugees’ any recognition or any rights. There is a
similar lack of local law to govern the matter. As harsh realities fly in the
face of a purposeful lack of legislation, will the law eventually enforce its
own reality or will our current reality enforce its own future laws? Shall these
displaced populations one day become Lebanese citizens?
Read More
Georges Abou Mrad

THU 4 JUL, 2024 | 9:29 AM


THE BISRI DAM: CONTROVERSY AFOOT


Located in the heart of the Bisri valley, the Bisri Dam is a project that is
meant to supply water to Iklim Al Kharoub, central and south Beirut, through the
Hadath and Hazmieh reservoirs, in addition to reservoirs located in Ashrafieh
and Tallet Al Khayat. It will also provide 11.2MW of hydroelectric power.
According to the World Bank, the project’s chief financier, its aim is to
“resolve one major problem that Lebanon’s residents have faced since the civil
war: severe and chronic water shortages.” It was first proposed by the US Bureau
of Reclamation back in 1953 and was followed up by the Litani Water Bureau in
the framework of water and dam projects on the Litani and Awwali rivers (as
known as the Bisri River in its upper sections).
Read More
Lyne Mneimneh



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Bin Eid Advocates

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Maitre Serge Airut
Airut Law Offices
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Araa Group Advocates and Legal Consultants

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SAAS LAW
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Mr Bassam Abdallat
Qudah Law Firm

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Maitre Zouhdi Yakan
Law House
Senior Partner
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Dr Paul Morcos
JUSTICIA

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JUSTICIABeirutConsult is a Lebanese Law firm founded and managed by Dr. Paul
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Diana Hamade Attorneys at Law
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Mr Fady Jamaleddine
MCL

Criminal Defence
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Maitre Omar Taleb
Obeid & Taleb Law Firm

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With extensive experience as an attorney in Lebanon, I specialize in civil
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Mr Benoy Sasi
BENS International Law Firm

Arbitration
Jurisdictions
United Arab Emirates
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United Arab Emirates
Ahmed Elnaggar
Elnaggar & Partners
Managing Partner
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Lebanon
Abbas Kabalan
Kabala & Kabalan Attorney

Alternative Dispute Resolution
Corporate Law
Startup Law
Jurisdictions
Lebanon,France, Kuwait, Lebanon, Qatar, Saudi Arabia, South Africa, United Arab
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As the managing partner of Kabalan & Kabalan Attorneys, a boutique law firm
renowned for its dedication to legal excellence and innovation, I bring a ...

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Lebanon
Maitre Elias Stephan
Law House
Managing Partner
Commercial Law
Corporate Law

Elias is a USA national and practiced law in the banking and finance field in
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Mr Aon Abu Anzeh
Abu Anzeh Law Firm

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Maitre Joseph Yazbeck
Joseph Yazbeck

Criminal Defence
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Issam Amro
Issam Amro

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Sleiman Malek
Malek & Associates Law Office
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Civil Litigation
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BD Law Firm

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Diana Hamade Attorneys at Law
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