Efficiency And Ensuring Justice In Court System

The Perception of Corruption Remains in Lebanon

Discuss about the Efficiency and Ensuring Justice in Court System.

Lebanon is a Middle Eastern country considered by most European free and advanced compared to other states in the same region. It is not ruled by a dictatorship and its capital, Beirut, has been a tourist destination for many Westerners and home to various commissions of the United Nations and other international organizations (Willis, 2005). However, Lebanon’s level of well-being is only apparent (Iskandar, 2006). If you analyze the political system in this country, it is easy to point out different factors that had a negative effect on the development of the population as well as the economic growth (Davidson, 2012).

Understanding the current situation prevailing in Lebanon, it is necessary to understand the country’s history. In fact, when World War 1 came to an end, the League of Nations mandated France to take control of Lebanon; this was a major drive to the development of Lebanon. As Jet spin plans to set up a training facility in this country it is necessary to check various aspects of the country’s dynamics that may have an effect on the business (De Palo & Trevor, 2007).

In 1943, the independence of Lebanon was formalized by a National pact. The presidency was reserved for the elite Manorites, Prime Minister Post was reserved for the Sunnis and the leadership of Parliament reserved for the Shiites. According to (Rovine, 2010), in order to integrate the population in this country into a country where nineteen different religious denominations coexisted, several personal statute laws were created, regulating individuals lives in each religious group(Sheehan & Latif, 2008).Many people and working class intellectuals felt inadequately represented in such a compartmentalized and stratified country, dominated by religious elites. Hence, there is a healthy coexistence of people which is good because this enables a business to operate without fear of skirmishes as a result of sectarian views (Kauffmann & Wegner, 2007).

The biggest problem of not having a secular and universal civil code is that each religion has different principles. However, for companies that set up shop in Lebanon such asJet Spin it is an encouragement to know that there are strong laws that seek to protect the companies in terms of external interference which encourages foreign direct investment (Rovine, 2010). For the management of Jet spin there is no reason to worry because rule of law in Lebanon is upheld. 

Beirut International Airport

Although Lebanon being a mostly a diverse country there is a lot of discrimination against women and   these laws are also discriminatory towards companies run by women, this is generally insignificant. There is a lot of favoritism especially on men, however, this may not affect how arbitrations of cases involving businesses (Loughman & Sibery, 2012).

Lebanon obtained 28 points in the Corruption Perceptions Index published by the Organization for International Transparency. Its score has not changed since 2015, so its citizens maintain a stable perception of corruption in Lebanon. Despite this, Lebanon worsens its position with respect to the rest of the countries until the 136 position, of the 176, then the perception of corruption of its inhabitants is very high (Mzid, 2004).

The perception of corruption in the last five years in Lebanon has improved, although it has suffered a decline in its position in the international ranking of corruption.

The Transparency international index ranks countries from 0 – 100 which is a representation of high to low levels of corruption in the public sector. In the table and the chart at the bottom we show the evolution of Lebanon’s position in the Corruption Perceptions Index. You can see a list with the classification of all the countries by clicking on Corruption Perceptions Index and see all the economic information of Lebanon in Economy of Lebanon

Beirut international airport

Beirut international airport is one of the main airports in this country. The total passengers passing through this airport in 2015 was more than 7,203,781. This can be a big market boost for Jetspinn in its bid to put up a fitness center at this airport.

Challenges in Beirut airport

Extensions will not be enough to address the many challenges facing airports. They must also meet the growing demand for sustainable buildings and environmental protection, to give an example. In addition, to reduce noise pollution, many airports located in densely populated areas must modify landing and take-off routes or reduce morning air traffic.

With so much security requirement and control, air travel causes stress to the passenger, so the rest of your airport experience should be as relaxed and entertaining as possible. This gives the opportunity to increase revenue, as passengers are more likely to buy if they are happy and have some free time.

Efficient passenger transport systems are a way of alleviating the hassles of traveling long distances within large airport terminals, since in many cases travelers must cover more than two kilometers between entry doors, Security and the boarding gate. Another key element for the efficiency of an airport is how to manage the distances between the car parks and the terminals, which are also usually long.

Governments must also take into account whether their road and public transport networks are capable of accommodating the growing number of passengers arriving at and departing from their airports. Despite the abundant challenges, when airport growth improves the attractiveness of a region for tourism and business, the benefits can be substantial

Challenges in Beirut Airport

The perception that the passengers have on the airport is that it is just like any other airport in the world. Beirut international airport has typical airport passenger facilities. These include cafes, duty free shops, banks and three lounges for premium passengers.

If Jetspinn wants to conduct business transactions such as borrowing money, entering into contracts, leasing equipment, selling goods etc. there is a company law Act that provides guidelines and regulations as to how to carry out these transactions.

There are both foreign and domestic workers working in the airport. The main labour is that of domestic workers whereas foreign labour come in form of expatriates. The gym and the spa employ Lebanese trainers while the management of the company is exclusively left to foreign workers of the European union countries.

Hiring employees or developing a skilled and competent business team entails a whole new area of compliance, the employment and labor law. These laws cover all aspects. Jet spin is setting up business in Lebanon which will be in form of a branch. In Lebanon, a country of four and a half million, the number of foreign domestic workers is estimated at 250,000. Most of them come from Southeast Asia and Africa. In the Arab world as a whole, the number is estimated at 2.4 million, all under the yoke of the legal sponsorship system governing hiring, known as kafala. The main claim of workers is the suppression of this widespread system in the countries of the Middle East because, they say, it gives employers almost total power over their workers and favors abuse and ill-treatment. There are no strong labor laws in Lebanon and also there are no trade unions for workers.  For Jet spin this may be a problem because it is a company that is under the guidelines of international labor laws thus it will not be possible to exploit the workers.

The most reported are forced labor, nonpayment or late payment of wages, forced closure in the workplace, denial of free time and confiscation of the passport, according to the testimonies of workers. However, the wages in this country are sustainable hence the company can easily pay and sustain its business.
AGIP- (Abu-Ghazaleh Intellectual Property)

AGIP is an organization that deals with intellectual property protection in Arabian countries. AGIP has worked closely with multilateral organizations and the Lebanese government on the introduction of an effective intellectual property protection system that has produced significant results in the region and more so in Lebanon. It is a body dedicated in safeguarding the countries intellectual property rights.
The new system, has given large multinational companies the confidence to expand in Lebanon and plan large investments, as they are guaranteed that their investments are properly protected. (Miller, 2004).AGIP has also supported government committees and officials responsible for reviewing and drafting new IPR regulations in a number of Arab countries, including Lebanon.
International protection of Intellectual property protection

Employment and Labor Law

This commitment to the protection of intellectual property has been strengthened by the continued support from Agip with international organizations, including the Global Intellectual Property Organization (GIPO) and World Trade Org. Governmental organizations such as the International Trade Association , International Protection of Intellectual Property  Association (AIPPI), Federation of Intellectual Property and its Lawyers, and through  financial support received  from Arab Society for Intellectual Property (ASIP) and the Association of Executive Licenses – Arab Countries (LES-AC) Jetspinn can be assured of protection of intellectual property in Lebanon (Miller, 2004). Therefore it is easy to have Jetspin Intellectual property protected.

AGIP has on numerous occasions sponsored and organized, in conjunction with WTO, WIPO and ASIP, training relevant to members of the judiciary in Lebanon and district attorneys (Miller, 2004). AGIP has published numerous groundbreaking works on intellectual property in Lebanon; this includes compilation of an English translation of all Arab intellectual property laws and the publication of a major intellectual property dictionary. This will definitely enable Jetspin to have to improve on its business in Lebanon.

Increasingly, businesses seek to expand their activity outside their borders and one of the most attractive markets is located in the Gulf region. In fact, the member countries of the Gulf Cooperation Council (GCC) have aimed to facilitate the award of new contracts to foreign companies. But for commercial relations with the Arab world to be fruitful, it is important to know the culture, social norms and religion of different countries. As a rule, doing business in the Arab world is no different than doing it in other regions of the world and, as in any other context, it is very important to know local customs to avoid making mistakes. However, liberalism in business has been greatly accommodated in Lebanon than most of the arab countries meaning that most of the religious consideration are not necessarily followed to the latter.

Other factors include the taxes in Lebanon, the business environment, competition and business ethics.
In the Arab world, trust and respect among business partners are fundamental, so it is always advisable to establish these relationships with the counterpart and watch over them. In business, an Arab entrepreneur will avoid arguing and will speak skillfully between the lines. In addition, laws, ethics and commercial systems may vary from country to country, but there are common cultural elements, such as the importance of family ties, the tendency to avoid confrontation or direct discussions, hospitality or Ability to communicate “between lines”, which is important for a businessman in lebanon to know.
The religious factor has a marginal impact on trade relations, although it is advisable for anyone who wants to establish business with middle east countries to become familiar with Islam, its history, beliefs and manifestations. The religious factor has a marginal impact on the commercial relationship, but one should familiarize oneself with Islam.
The interaction between the sexes is marked by cultural traditions, men and women – traveling to the Arab world pay attention to the ways of the local people. For example, in this and other regions of the world, kissing someone of the opposite sex as a form of greeting is not common practice.
Although there are more and more Spanish companies establishing business relations with the Gulf countries, it is true that, in many cases, the stereotypes that exist towards the “Arab” – and even more towards the “Muslim” – stop the business possibilities with These countries when, on the contrary, the cultural ties that unite lebanon with the Arab world should be used to boost economic relations.

AGIP (Abu-Ghazaleh Intellectual Property)

Systems in Lebanon are robust to the extent that they are the means to achieve enforcement. One of the ways in which arbitration addresses the issue of compliance and dispute resolution is through its Mediation and Arbitration Center, which has been providing specialized and efficient alternative dispute resolution (ADR) procedures in Lebanon. For Jetspin arbitration is key to how the business performs in that market.

The arbitration and mediation done to prevent and resolve disputes has not been realized fully, as most intellectual property rights holders in the field continue to resort to the traditional Courts. However, the outlook is beginning to change due to several related events that have occurred over the last several years. First, the economic significance of intellectual property has increased to the point where intellectual property rights are, for many companies, their fundamental asset, and disputes related to property rights may negatively affect or even paralyze their activity. At the same time, property assets are traded and exploited across borders, and disputes over these assets are likely to compete with several jurisdictions. In addition, property rights holders have increasingly complex contractual relationships, involving parties cooperating in different ways in research and development, production or marketing.

The tendency to alternative dispute resolution has been supported by the good results of dispute resolution procedures on domain names, such as the Uniform Domain Dispute Resolution Policy, which offers intellectual property owners an effective remedy against bad faith registration and the use of domain names related to their property. In addition, there are an increasing number of procedural rules that call for, and even require, alternative solutions to disputes.

The advantages of alternative dispute resolution are increasingly being recognized, they including the following: Single procedure. Litigation in the courts in the case of international intellectual property disputes may involve many procedures in different jurisdictions, with the risk of inconsistencies (Intellectual Property Protection Restoration Act of 2003, 2003). Through the alternative solution, the parties may agree to settle by a single procedure a dispute concerning protected intellectual property in different countries, bypassing the costs and complexity of multi-jurisdictional litigation.

Autonomy of the parts. Because of its private nature, alternative dispute resolution allows parties to exercise greater control over how their dispute is resolved. Unlike litigation before the courts, the parties may choose the rules of procedure, the applicable law, the place and language in which proceedings will be carried out.

Neutrality. The alternative solution may be neutral in relation to language, institutional culture and the law applicable to the parties, thus avoiding having to settle the dispute in the courts of one of the parties, where being familiar with the applicable law and local procedures can offer considerable strategic advantages.

Specialization. The parties may choose arbitrators or mediators who have specialized knowledge in the relevant technical, legal or commercial area to resolve the dispute.

Confidentiality. Alternative dispute resolution procedures are private. Accordingly, the parties may agree that the procedures and results derived therefrom are confidential. This is particularly important when reputations and trade secrets are at stake, as is often the case in intellectual property disputes. It also allows you to focus on the substance of the dispute without worrying about public repercussions.

Irrevocability and enforceability of awards. Unlike court decisions that can usually be challenged in one or more instances, arbitration awards do not allow appeal. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, known as the New York Convention, which requires the 137 member states to recognize arbitration awards without reviewing the merits of the case,

The General Council of Economists publishes a study on the Economic Implications of the functioning of Justice in Lebanon.

Although the degree of satisfaction of Lebanon with respect to the functioning of the Administration of Justice is mostly low, the data show that Lebanon is at a level similar to the average of the countries of the middle east in some of the fundamental indicators that Are used to measure the efficiency of the functioning of Justice (Fletcher & Sheppard, 2005).

As an inspiring cause of economic confidence and investment localization, the Administration of Justice is of great importance. If we compare Lebanon with the rest of the developed countries  in each of the fundamental indicators that are used to measure the efficiency of the functioning of Justice, we can see that Lebanon  is in a middle position, taking 264 days to solve, especially as To the duration of civil and commercial proceedings, the developed countries average being 246 days (Davis, 2002).However, possible convergence with other countries should be explored in areas such as the litigation rate, public expenditure per capita allocated to the courts, financial resources, regulatory framework and number of judges (Germann & Grant, 2000).Although still in the lower half of the Arab world classification, the number of pending cases has been reduced in Lebanon by 25% between 2010 and 2015.

There is an improvement in the use of technological means in Justice, but there is still a long way to go, especially in terms of making compatible the computer systems of the Ministry of Justice and those of some Autonomous Communities that have transferred competences.The courts of mercantile are in which there has been a greater accumulation of matters (DeMartino, 2000).

And as far as tenders are concerned, there is a tendency to reduce creditors’ tenders in the face of an increase in the treatment of insolvencies through out-of-court settlements.

 The General Council of Economists, on the basis of the above, has suggested proposals to improve the Lebanese  judicial system, such as: The indispensable reorganization of the courts and tribunals under principles of efficiency (S?abri?, 2008).The Administration of Justice would have to improve the terms of resolution of the cases, especially in jurisdictions like mercantile (S?abri?, 2008).The complexity of the legislative framework should be reduced and legislative profusion and dispersion should be avoided. Setting up a specific action plan to reduce the litigation rate is key to improving business environment in the country (Born, 2009).

Compulsory prior, require mediation in certain procedures. Provision of a budget means to make its implementation more efficient (Sayed, 2004).Improve judicial statistics to facilitate comparability and development of improved indicators. Carry out a study to identify the reasons why citizens do not appreciate in a positive way their judicial system to take measures to improve it (Benlamri & Sparer, n.d.).

Finally, the different political forces should integrate the Justice Pact, increasing the role of Justice in the general policies of the country and promoting transversality. For Jetspin the idea of setting up business in Lebanon is valid since it is a country that upholds rule of law and therefore justice is guaranteed (Tierney, 2007).

References

Born, G. (2009). International commercial arbitration (1st ed.). Austin [Tex]: Wolters Kluwer Law & Business.

Benlamri, R. & Sparer, M. Leadership, innovation and entrepreneurship as driving forces of the global economy (1st ed.).

Davidson, F. (2012). Arbitration. Edinburgh: W. Green/Thomson Reuters.

Davis, P. (2002). Deterrence & influence in counterterrorism. Santa Monica, Calif.: Rand

DeMartino, G. (2000). Global economy, global justice (1st ed.). London: Routledge.

De Palo, G. & Trevor, M. (2007). Arbitration and Mediation in the Southern Mediterranean Countries. Global Trends in Dispute Resolution, Volume 2 (1st ed.). Wolters Kluwer Law & Businesss

El-Naggar, S. Adjustment policies and development strategies in the Arab world (1st ed.).

Germann, S. & Grant, S. (2000). Franchising (1st ed.). [Wellington, N.Z.]: New Zealand Law Society.

.Fletcher, G. & Sheppard, S. (2005). American law in a global context. Oxford: Oxford University Press.

Improving efficiency and ensuring justice in the immigration court system (1st ed.).

Iskandar, M. (2006). The Lebanese economy 2005-2006 (1st ed.). [Beirut]: Marwan Iskandar & Associates.

Intellectual Property Protection Restoration Act of 2003. (2003) (1st ed.). Washington.

Kauffmann, C. & Wegner, L. (2007). Privatisation in the Meda Region (1st ed.). Paris: OECD.

Loughman, B. & Sibery, R. (2012). Bribery and corruption (1st ed.). Hoboken, N.J.: Wiley

Miller, E. (2004). Intellectual property protection (1st ed.). [Place of publication not identified]: West Group (Law).

Mzid, N. (2004). Comparative study of labour law in the Arab partner countries = (1st ed.). Brussels: Forum Syndical Euromed.

Pieth, M., Low, L., & Bonucci, N. The OECD Convention on bribery (1st ed.).

Rovine, A. (2010). Contemporary Issues in International Arbitration and Mediation. Leiden: Boston.

Sheehan, S. & Latif, Z. (2008). Lebanon (1st ed.). Tarrytown, NY: Marshall Cavendish Benchmark.

S?abri?, N. (2008). Financial markets and institutions in the Arab economy. New York: Nova Science Publishers.

Sayed, A. (2004). Corruption in international trade and commercial arbitration (1st ed.). The Hague: Kluwer Law International.

Tierney, S. (2007). Accommodating cultural diversity (1st ed.). Aldershot, England: Ashgate.

Willis, T. (2005). Lebanon (1st ed.). New York: Children’s Press.