UK Court Rules in Favor of Lebanese Bank over Transfers Abroad

Lebanese police stand outside a branch of BLOM Bank in Beirut, Lebanon November 1, 2019. (Reuters)
Lebanese police stand outside a branch of BLOM Bank in Beirut, Lebanon November 1, 2019. (Reuters)
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UK Court Rules in Favor of Lebanese Bank over Transfers Abroad

Lebanese police stand outside a branch of BLOM Bank in Beirut, Lebanon November 1, 2019. (Reuters)
Lebanese police stand outside a branch of BLOM Bank in Beirut, Lebanon November 1, 2019. (Reuters)

A British court ruled on Friday in favor of a Lebanese bank in a case brought by a depositor barred from transferring funds abroad because of capital controls in place since Lebanon's financial system collapsed in 2019.

The court ruled that BLOM Bank could be considered to have discharged its debt to the plaintiff, Bilal Khalifeh, by issuing a cheque in Lebanon.

Banks have imposed tight controls on accounts, including a de facto ban on transfers abroad and local withdrawals of dollar-denominated deposits in dollars, but the controls have been challenged in Lebanese and international courts.

Banks have sought to discharge dollar-denominated funds via banker's cheques which cannot be cashed out in dollars and are instead sold on the market at a discount of about three-quarters of their value.

The ruling by London's High Court of Justice, Queens Bench Division, said BLOM Bank was under no obligation to transfer some $1.4 million in Khalifeh's savings abroad and could be considered to have discharged his account via a cheque deposited with a notary.

"The debt due from the Bank was payable in Lebanon and... Mr Khalifeh had no contractual right to require the Bank to transfer funds abroad," it said.

Khalifeh told Reuters he would appeal the ruling.

In a separate case last month, a French court ordered Lebanon's Saradar Bank to pay $2.8 million to a client residing in France, saying payment via cheque in Lebanon was not valid.

In that case, the documents opening the account were signed by the plaintiff in Paris. Khalifeh did so in Lebanon.

"This judgement means that BLOM Bank can continue to treat all depositors equally in terms of international transfers and cash withdrawals, irrespective of the size of their deposits and their place of residency," BLOM Bank said in a statement.



Berri to Asharq Al-Awsat: Lebanon's Presidential Elections to Be Held on Time, No Prior Deal over Govt

Parliament Speaker Nabih Berri. (National News Agency)
Parliament Speaker Nabih Berri. (National News Agency)
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Berri to Asharq Al-Awsat: Lebanon's Presidential Elections to Be Held on Time, No Prior Deal over Govt

Parliament Speaker Nabih Berri. (National News Agency)
Parliament Speaker Nabih Berri. (National News Agency)

Lebanon’s parliament Speaker Nabih Berri stressed on Friday that efforts are ongoing to hold the presidential elections on time on January 9.

Speaking to Asharq Al-Awsat, he said he had no intention to delay the elections and he had not received any request to that end from any of the political powers.

Lebanon has been without a head of state since October 2022 when the term of President Michel Aoun ended without the election of a successor. Bickering between the political blocs over a suitable candidate has thwarted the polls.

Efforts are underway to ensure that the elections are a success, declared Berri.

He denied claims that he was seeking understandings over the shape of the new government, including its prime minister, lineup and agenda, ahead of the elections.

The presidential elections come first, he stated.

There are constitutional guidelines that dictate what happens after the elections, he added, referring to the binding parliamentary consultations the new president will hold to name a new prime minister.

The prime minister, in turn, will hold non-binding consultations with lawmakers over the government lineup.

Berri declined to comment on his ally, former MP Walid Jumblatt’s endorsement of army commander Joseph Aoun as president, saying: “Everything will become clear during the elections.”

The speaker had previously said that Aoun’s election requires a constitutional amendment that demands the resignation of first-rank civil servants, including the army commander, at least two years before their election as president.

Aoun, who is not related to Michel Aoun, is projected to win 86 votes in the elections.

Meanwhile, Hezbollah MP Hussein al-Hajj Hassan dismissed the figure, saying no candidate has the needed number of votes to be elected president.

He added that Hezbollah is holding contacts over the elections but it does not have time to reveal what they have yielded.

The results will be revealed during the elections in January, he told the Sputnik news agency.