Meaning
Notification failure occurring when a party is not properly informed of the commencement of legal proceedings or the appointment of an arbitrator. International treaties allow courts to refuse the enforcement of an award if the losing party proves a lack of notice prevented them from presenting their case. This requirement ensures that the right to be heard is respected in cross-border commerce.
Service Requirement
The delivery of legal papers must follow the specific methods outlined in the underlying contract or the rules of the selected forum. If a claimant sends the notice to an old office address after the defendant moved, the resulting judgment may be void.
Due Process
A party must have sufficient time to prepare a defense and appoint its own representative. The court will investigate whether the timing of the notification was reasonable under the circumstances of the investment.
Evidence Burden
Evidence regarding the lack of notice must demonstrate that the failure was not the fault of the defendant. If they intentionally avoided service or failed to update their registered address, the defense will fail. The law prevents parties from using a self-inflicted ignorance as a shield against a valid award.
This protection only extends to those truly deprived of their chance to participate.
