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Paperless in the Company

Umownik allows for the easy preparation of a range of civil law contracts. This is achieved through a form system. For instance, if a user intends to lend someone money, they simply log into Umownik, specify the parties to the contract, the loan amount, the interest rate, and the repayment term. From this year, they can also add an arbitration clause for Ultima Ratio. Umownik not only allows for the preparation of the contract content but also enables the other party to comment on it. It also supports its subsequent negotiation. And when the parties reach a compromise, they can 'sign' the negotiated contract online - in document form. Because Umownik fits perfectly into the 'paperless' trend, more and more companies are using its services.

A Considerable Surprise

For Ultima Ratio, which was established less than 2 years ago, such a high percentage of interest in its services is a considerable surprise. Companies that have the straightforward choice: either a common court or e-arbitration, mostly choose the latter. This is a clear sign that electronic arbitration is gaining more and more supporters.

Convenient, Inexpensive, and Online Cases

The data sent by colleagues from Umownik is valuable to us for another reason. Electronic arbitration is a proposal that, by nature, prevents certain adverse events that might occur in the future. These events, however, do not necessarily have to happen.

History shows that ideas of this type spread much more slowly in society.

To use Ultima Ratio, a company must make an additional effort. When concluding a contract, it must convince its counterparty to agree to the arbitration clause, even though it does not yet provide it with any direct benefits at that stage - such as a lower price, higher quality, or shorter deadlines. The benefits only appear a few months later. When the counterparty fails to fulfil the contract, the company will be able to file a claim and then hit the jackpot. Instead of being stuck in common courts for years, the matter is handled conveniently, inexpensively, and online. The current average duration of arbitration proceedings in Ultima Ratio is 19 days from the date the claim is filed.

Also Read: How to Get a Verdict in Construction Cases in Less than Two Months. No Hearings, Witnesses, or Registered Letters

However, on the other hand, it may also be that the negotiated arbitration clause may not be of any use to the company. Not every contract results in a dispute. Nonetheless, as many as 60.2% of Umownik users, when preparing the contract, choose to opt for Ultima Ratio e-arbitration instead of state courts.

Companies such as Debtus and Fibrain use Ultima Ratio. Meanwhile, the company belonging to PFR KUKE encourages its clients to introduce arbitration clauses into contracts with their counterparts. And it reports this fact in the media.

Legal Power of a Common Court Judgment

Congratulations to the arbitrators of the Court - notaries of the Association of Notaries of the Republic of Poland in Warsaw. We also congratulate the legal experts from the Court Council. We will monitor the contract inclusion rate of arbitration clauses in collaboration with Umownik. We are confident that this rate will maintain an upward trend.

After concluding a contract with a clause on Ultima Ratio, neither party can withdraw from arbitration, and the arbitral award, once enforceability is granted, has the power of a common court's judgment (art. 1212 of the Civil Code).

Ultima Ratio Team

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Do you want to know what to do for Ultima Ratio to be able to handle your company's cases?

Do you prefer not to choose Ultima Ratio yet instead of state courts, and want to make the decision only at the time of filing a claim and in a way that binds the defendant?

Go to the section: "How to Draft a Clause".

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E-arbitration - practical information you should know: 

• Arbitration is not mediation! After concluding a contract with an arbitration clause, neither party can withdraw from arbitration. The arbitration clause is treated in this case the same as other essential contract provisions - for example, concerning the quantity of goods or price.

• In case of a dispute, instead of going to a common court, the claim must be filed with an arbitration court. Article 1165 §1 of the Civil Code does not allow it to be directed to a state court.

• The arbitration procedure is binding on both parties, and the defendant - even if they change their mind along the way - cannot request a 'transfer of the case' to a state court.

• The arbitration court conducts proceedings irrespective of whether the defendant decides to participate in them or not.

• According to art. 1212 of the Civil Code, an arbitration court's judgment has the legal power of a state court's judgment once enforceability is granted.

• Applications for enforceability are examined by appellate courts in closed sessions.

• Applications can only be dismissed in case of gross legal violations. Statistics show this occurs in less than 5% of cases and causes the matter to return to arbitration for correction of errors and issuance of a correct judgment.

• Upon receiving a judgment with enforceability, it constitutes an enforceable title, and enforcement proceedings can be initiated based on it.