Meaning
Fact-finding procedures are used to review the submission and handling of evidence to detect violations of procedural rules. When a company challenges an arbitral award, the court may conduct a procedural irregularity evidentiary audit to verify whether the trial was conducted fairly. This audit focuses on whether the parties had an equal opportunity to present their cases.
The review does not re-examine the substantive merits of the dispute.
Evidentiary Verification
Confirming that all submitted documents were properly disclosed to the counterparty is the primary focus of this review.
Audit Procedure
Analyzing the record of the arbitration proceedings requires a detailed examination of the hearing transcripts and correspondence. During the procedural irregularity evidentiary audit, the court investigates whether the tribunal refused to admit relevant evidence without a valid reason. If the audit reveals that the tribunal violated the agreed rules, the court may set aside the award.
Legal Remedy
Offering a way to challenge an unfair hearing ensures that the rule of law is maintained. The findings of a procedural irregularity evidentiary audit provide the necessary grounds for a party to resist the enforcement of the decision. This remedy is essential for maintaining trust in the international arbitration system.