Judgements for Enforcement

Interestingly, according to the decision of the Office of Competition and Consumer Protection (UOKiK), Ultima Ratio is the first arbitration court in Poland where judgements in consumer cases are binding for the parties. Our procedures, therefore, have the same effect as procedures before common courts. If one of the parties does not comply with the Ultima Ratio judgement, the other party may apply to a common court to grant the judgement an enforceability clause, and then proceed with enforcement. This situation is not standard in our country. In the case of other arbitration consumer courts - such as the court operating at the Financial Ombudsman or at the President of the Electronic Communications Office, the judgements do not have a binding nature. Therefore, the parties may but do not have to take them into account. 

Arbitration Clause in Settlements with Consumers

However, there are significant differences between consumer arbitration and that conducted by companies. For Ultima Ratio to recognise a consumer dispute, the arbitration clause must be made only after its occurrence. Using a practical example: if a consumer takes a loan, the arbitration clause cannot be made in the loan agreement itself. The legislator assumes that in such a situation the entrepreneur - using its stronger position - could impose arbitration on the consumer against their will. The arbitration clause can be made only when one of the parties to the agreement does not perform, such as when the consumer defaults on instalment payments. The parties then usually conclude a settlement in which they regulate the terms of debt repayment. The arbitration clause with the consumer can be made exactly in such a settlement.

Consumer Better Protected than in State Court

However, what is most interesting for consumers begins at the start of the proceedings.

First of all, at Ultima Ratio all stress and tedious formalities faced by consumers in common courts have been eliminated. With us, they no longer need to fear direct confrontation with entrepreneurs and their lawyers, for example during testimonial hearings. The entire proceeding takes place online through a specially designed electronic platform. Since consumers do not have to react "immediately", they will not be surprised by any unexpected questions or turns in the case. They can also carry out all procedural actions at any time, without leaving their home. 

File a Lawsuit Online, Papers Prepared by System

Submitting a lawsuit is done directly on the court's website. The consumer fills out a simple form, and the court's secretariat guides them through further procedures. Consumers also do not need to worry about the necessity of writing pleadings. They only need to state their arguments in a specially prepared editing field, and the system will automatically prepare professional documents for them.

Convenient and Online Proceedings

During the course of the case, to show arbitrators important documents, disputed locations, defective products, improperly performed services, or to introduce them to testimonies of other persons, consumers can make videos, record audio statements, or take pictures and present them on the case profiles. It is therefore convenient and modern - without hearings, witness interrogations or registered letters.

Case Chat Replaces Courtroom Conversation

Most importantly, consumers communicate with the arbitrator and the other party through a dedicated case chat. Conversations on case chats are, of course, recorded and monitored by the arbitrators. 

Constant Contact with the Arbitrator

For consumers, this means that they have constant and direct contact with the arbitrators resolving their cases. They do not need to call the court secretariat in the hope that someone will finally explain something to them. They can ask the arbitrator for help directly. Thanks to the free app on iOS and Android, when a message arrives in the chat, participants in the case are immediately notified via push notifications on their mobile phones. Arbitrators can therefore respond to consumer queries literally at the same moment. The mobile application allows consumers to stay "up to date" with the progress of the case and also to record and present evidence material.

Registering on the UOKiK list is a great success for the Ultima Ratio team. As the training of court arbitrators progresses, the range of Ultima Ratio's operations will be expanded to further areas.