Blog
9 Oct 2018
All public opinion surveys conducted in recent years show that the most severe problem faced by common courts is the protracted nature of proceedings. Official statistics indicate that the average waiting time for a payment order is over 3 months, while a "regular" proceeding lasts on average 13 months. What takes so long? Why must simple cases, where everything is "black and white," take so much time?
The answer to the questions about the reasons for the delay in court proceedings is simple. In 1978, 4,500 judges had to deal with 1.7 million various cases, from the simplest registrable ones to the most complex. By 2018, there were just over 10,000 judges, and the number of cases to be dealt with had risen to 18 million. Such an increase in the number of cases had to lead to delays, especially since the organizational structure of the common courts clearly does not keep pace with the changing reality. When the Code of Civil Procedure was enacted in 1964, very few transactions were conducted in writing, as few people had typewriters. If someone wanted to send money, they had to fill out a transfer form or postal order and deliver it personally to the bank or the post office. Even a mundane task like using the telephone required the involvement of two telephone exchanges to laboriously connect the call between the parties.
Today, we have mobile phones, emails, electronic systems, and computers. We live fast, communicate over the Internet, and transfer money with a single tap on a smartphone screen. Times have certainly changed. Meanwhile, the Code of Civil Procedure, since its enactment in 1964, has changed surprisingly little – the hierarchy and range of evidence available remain unaltered. Still, a judgment is rendered after a hearing which must be meticulously recorded, following the hearing of all witnesses and parties.
The second reason for the delay in court proceedings, therefore, is that cases of the digital age are resolved using methods devised centuries ago. Returning to the case lasting 13 months, after the claim is served to the defendant, it usually sits on the shelves awaiting the set hearing date. This date is often distant, due to the volume of cases. Throughout this period, practically nothing happens in the case. And when the hearing date arrives, there's no guarantee it will proceed, as a witness may not appear, the judge may fall ill, a return receipt may get lost, or our opponent might be unable to get to court due to unforeseen circumstances.
However, one can pursue their claims in a completely different manner. At Ultima Ratio, we have developed a case resolution procedure tailored to modern times.
Our court is exclusively online – there is no building to reach, no hearings to attend that may not take place, nor registered letters that need to be delivered. The process begins immediately. There's no waiting. The electronic system is simple and intuitive, elevating the work of solicitors and legal advisers to a completely new level. Procedural actions can be performed at any time of day or night and anywhere in the world, provided there's access to the Internet.
All of these features ensure that at Ultima Ratio, cases will be resolved within 21 days of filing a claim. It's enough for an agreement to include a provision subjecting disputes arising from it to the resolution of Ultima Ratio, allowing both parties to pursue their claims efficiently and conveniently. Importantly, the arbitration clause generally excludes the possibility of having the case heard by a common court.