Regulations of the Arbitration Court:

Regulations of the Arbitration Court:

Regulations of the Arbitration Court:

Regulations for electronic services

Chapter I
General Provisions

§1.

  1. „Ultima Ratio” The First Electronic Court of Arbitration at the Association of Notaries of the Republic of Poland in Warsaw, hereinafter referred to as: “The Arbitration Court”, is a permanent arbitration court operating under the provisions of the Code of Civil Procedure concerning the arbitration court and these Rules, established to resolve disputes arising between parties in connection with certain contractual or non-contractual legal relationships, submitted for resolution in a valid arbitration agreement. The parties are bound by the Rules in force on the day of filing the claim. 

  2. The Arbitration Court is administered by the company: Causa Finita S.A. based in Rzeszów, entered in the register of entrepreneurs of the National Court Register under number 0000640290 or its successive successor (hereinafter referred to as “the Operator”) based on a separate agreement between the Association of Notaries of the Republic of Poland and the company Causa Finita S.A.

§2.

The seat of the Arbitration Court is the capital city of Warsaw.

§3.

  1. The Arbitration Court resolves disputes which, in accordance with the law, can be resolved by arbitration courts, if their jurisdiction arises from a written agreement of the parties to submit a specific dispute to the resolution of the Arbitration Court, or to submit disputes arising from a specific legal relationship to the resolution of the Arbitration Court (arbitration clause).

  2. The requirement regarding the form of the arbitration clause is also fulfilled when the clause is included in the documents or statements exchanged between the parties, submitted via means of distance communication that allow for the preservation of their content. This provision does not apply to disputes arising from agreements where the consumer is a party.

  3. The Arbitration Court is entitled to rule on its jurisdiction, including on the existence, validity, or effectiveness of the arbitration clause. In the absence of jurisdiction of the Arbitration Court, the Arbitration Court issues a ruling on the lack of jurisdiction.

§4.

Arbitrators, the Arbitration Court, the Operator, and the Association of Notaries of the Republic of Poland are not liable for damages arising as a result of actions or omissions related to proceedings conducted before the Arbitration Court, unless the damage was caused intentionally.

Chapter I
General Provisions

§1.

  1. „Ultima Ratio” The First Electronic Court of Arbitration at the Association of Notaries of the Republic of Poland in Warsaw, hereinafter referred to as: “The Arbitration Court”, is a permanent arbitration court operating under the provisions of the Code of Civil Procedure concerning the arbitration court and these Rules, established to resolve disputes arising between parties in connection with certain contractual or non-contractual legal relationships, submitted for resolution in a valid arbitration agreement. The parties are bound by the Rules in force on the day of filing the claim. 

  2. The Arbitration Court is administered by the company: Causa Finita S.A. based in Rzeszów, entered in the register of entrepreneurs of the National Court Register under number 0000640290 or its successive successor (hereinafter referred to as “the Operator”) based on a separate agreement between the Association of Notaries of the Republic of Poland and the company Causa Finita S.A.

§2.

The seat of the Arbitration Court is the capital city of Warsaw.

§3.

  1. The Arbitration Court resolves disputes which, in accordance with the law, can be resolved by arbitration courts, if their jurisdiction arises from a written agreement of the parties to submit a specific dispute to the resolution of the Arbitration Court, or to submit disputes arising from a specific legal relationship to the resolution of the Arbitration Court (arbitration clause).

  2. The requirement regarding the form of the arbitration clause is also fulfilled when the clause is included in the documents or statements exchanged between the parties, submitted via means of distance communication that allow for the preservation of their content. This provision does not apply to disputes arising from agreements where the consumer is a party.

  3. The Arbitration Court is entitled to rule on its jurisdiction, including on the existence, validity, or effectiveness of the arbitration clause. In the absence of jurisdiction of the Arbitration Court, the Arbitration Court issues a ruling on the lack of jurisdiction.

§4.

Arbitrators, the Arbitration Court, the Operator, and the Association of Notaries of the Republic of Poland are not liable for damages arising as a result of actions or omissions related to proceedings conducted before the Arbitration Court, unless the damage was caused intentionally.

Chapter II
Arbitral Court Authorities

§5.

The authorities of the Arbitral Court are: the President of the Arbitral Court, the Director of the Arbitral Court, and the Council of the Arbitral Court.

§6.

  1. The President of the Arbitral Court directs the Arbitral Court in the scope of its adjudicative functions and represents it externally within this scope, as well as performs other duties specified in these Regulations. In the event of incapacity to perform the duties of the President of the Arbitral Court, his tasks are carried out by the Deputy President of the Arbitral Court.

  2. The President of the Arbitral Court and his deputies are appointed and dismissed by the Association of Notaries of the Republic of Poland.

  3. The Director of the Arbitral Court administers the Arbitral Court by managing its current operations, handling organizational and operational matters, managing the court's resources, including financial, and performing other duties specified in these Regulations. In the event of incapacity to perform the duties of the Director of the Arbitral Court, his tasks are carried out by the Deputy Director of the Arbitral Court.

  4. The Director of the Arbitral Court and his deputies are appointed and dismissed by the Operator.

§7.

  1. The Council of the Arbitral Court has advisory functions with the President of the Arbitral Court and the Director of the Arbitral Court.
     

  2. The Council of the Arbitral Court consists of six to ten members elected jointly by the Association of Notaries of the Republic of Poland and the Operator.

  3. The Council of the Arbitral Court is appointed for a period of two years.

  4. The works of the Council of the Arbitral Court are directed by its Chairman, appointed by the Association of Notaries of the Republic of Poland.

  5. The Council's competencies include, in particular: proposing amendments to the Regulations of the Arbitral Court, proposing changes regarding the operation of the operational system used by the Arbitral Court, analyzing case law, and submitting comments regarding the improvement of its activities.

  6. Resolutions of the Council of the Arbitral Court are adopted by a majority of votes of its members. In the case of an equal number of votes, the deciding vote is given to the chairman of the Council of the Arbitral Court.

§8.

  1. The clerical activities and administrative support of the Arbitral Court are carried out by the Secretariat of the Arbitral Court.

  2. The works of the Secretariat of the Arbitral Court are managed by the Director of the Arbitral Court.

Chapter II
Arbitral Court Authorities

§5.

The authorities of the Arbitral Court are: the President of the Arbitral Court, the Director of the Arbitral Court, and the Council of the Arbitral Court.

§6.

  1. The President of the Arbitral Court directs the Arbitral Court in the scope of its adjudicative functions and represents it externally within this scope, as well as performs other duties specified in these Regulations. In the event of incapacity to perform the duties of the President of the Arbitral Court, his tasks are carried out by the Deputy President of the Arbitral Court.

  2. The President of the Arbitral Court and his deputies are appointed and dismissed by the Association of Notaries of the Republic of Poland.

  3. The Director of the Arbitral Court administers the Arbitral Court by managing its current operations, handling organizational and operational matters, managing the court's resources, including financial, and performing other duties specified in these Regulations. In the event of incapacity to perform the duties of the Director of the Arbitral Court, his tasks are carried out by the Deputy Director of the Arbitral Court.

  4. The Director of the Arbitral Court and his deputies are appointed and dismissed by the Operator.

§7.

  1. The Council of the Arbitral Court has advisory functions with the President of the Arbitral Court and the Director of the Arbitral Court.
     

  2. The Council of the Arbitral Court consists of six to ten members elected jointly by the Association of Notaries of the Republic of Poland and the Operator.

  3. The Council of the Arbitral Court is appointed for a period of two years.

  4. The works of the Council of the Arbitral Court are directed by its Chairman, appointed by the Association of Notaries of the Republic of Poland.

  5. The Council's competencies include, in particular: proposing amendments to the Regulations of the Arbitral Court, proposing changes regarding the operation of the operational system used by the Arbitral Court, analyzing case law, and submitting comments regarding the improvement of its activities.

  6. Resolutions of the Council of the Arbitral Court are adopted by a majority of votes of its members. In the case of an equal number of votes, the deciding vote is given to the chairman of the Council of the Arbitral Court.

§8.

  1. The clerical activities and administrative support of the Arbitral Court are carried out by the Secretariat of the Arbitral Court.

  2. The works of the Secretariat of the Arbitral Court are managed by the Director of the Arbitral Court.

Chapter III
Arbitrators

§9.

  1. The Arbitration Court maintains a list of arbitrators of the Arbitration Court, hereinafter referred to as the "List of Arbitrators," on which individuals who are active notaries or retired notaries with the appropriate qualifications to perform the functions of an arbitrator may be entered, as well as individuals with academic degrees or titles in the field of legal sciences. The entry into the List of Arbitrators and removal from the List of Arbitrators is carried out by the President of the Arbitration Court at the request of the Association of Notaries of the Republic of Poland.

  2. At the request of the Association of Notaries of the Republic of Poland, the President of the Arbitration Court may also enter other individuals with legal education, who have full legal capacity, fully exercising public rights, and possess the necessary knowledge and professional preparation to resolve disputes, onto the List of Arbitrators. The entry of such individuals onto the List of Arbitrators requires the consent of the Director of the Arbitration Court. The provisions of §9 paragraph 1 above concerning removal from the List of Arbitrators apply accordingly.

  3. In the event of gross or persistent failure to fulfill the obligations of an arbitrator, the President of the Arbitration Court informs the Association of Notaries of the Republic of Poland about this, simultaneously suspending the arbitrator from performing duties until the Association of Notaries of the Republic of Poland takes a position.

  4. The President of the Arbitration Court removes an arbitrator from the List of Arbitrators in the case of:


    a. submission of a request for removal by the Association of Notaries of the Republic of Poland,
    b. loss by the arbitrator of the qualities mentioned in § 9 paragraph 1 or § 2 that should be possessed by persons entered on the List of Arbitrators,
    c. loss by the arbitrator of full legal capacity,
    d. conviction of the arbitrator by a valid judgment for a crime,
    e. loss by the arbitrator of full public rights,
    f. resignation by the arbitrator from the position of an arbitrator entered on the List of Arbitrators.

  5. In the event of suspending an arbitrator or their removal from the List of Arbitrators, the cases being handled by them are transferred by the President of the Arbitration Court to other arbitrators, who will handle these cases until their completion.

  6. Members of the bodies of the Association of Notaries of the Republic of Poland in Warsaw, the President of the Arbitration Court and their deputies, as well as the arbitrators of the Arbitration Court, may not act as representatives of the parties.

  7. An arbitrator is obliged to maintain impartiality and to resolve the dispute in a proper manner, utilizing their knowledge and experience.

§10.

  1. Disputes before the Arbitration Court are conducted in an IT system available at the domain: www.ultimaratio.pl, in accordance with the Regulations for providing services electronically by Ultima Ratio.

  2. A natural person may appear before the Arbitration Court as a party, its representative, or attorney after creating a user profile in the IT system and confirming their identity via Trusted Profile or in another manner specified therein. Only one user may perform one procedural action on behalf of a participant in the process. Parties and users have access to the Internet and electronic banking, and also choose their telecommunications service provider at their own expense. "Ultima Ratio" The First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland in Warsaw, ul. Rydygiera 17/U01 | 01-793 Warsaw

  3. Disputes are resolved by the Arbitration Court consisting of one arbitrator (sole arbitrator). The arbitrator is selected by the President of the Arbitration Court by means of a draw, provided that the drawing algorithm takes into account the current workload of the arbitrators and their ability to deal with a given case in accordance with these Regulations. If a double draw does not lead to the selection of an arbitrator, and also in the case of substitute arbitrators, the selection of an arbitrator is made by the President of the Arbitration Court. The registration at the Arbitration Court signifies authorization for the President of the Arbitration Court to make the selection of an arbitrator.

  4. The function of arbitrator may be performed by a person entered on the List of Arbitrators.

  5. Upon accepting a case for handling, the arbitrator submits a written statement of impartiality and independence to the parties. This statement is delivered to the parties in the IT system.

  6. In the case of justified doubts regarding the impartiality or independence of the arbitrator, the party may submit a request for their exclusion. The request is submitted within 3 days from the day the party becomes aware of the circumstances referred to in the preceding sentence. If the request is submitted within the time limit, it is subject to decision by the President of the Arbitration Court. The request is to be considered immediately, no later than within 3 days from the day of submission. In the case of a decision on the exclusion of the arbitrator, the President of the Arbitration Court decides on the selection of a substitute arbitrator.

Chapter III
Arbitrators

§9.

  1. The Arbitration Court maintains a list of arbitrators of the Arbitration Court, hereinafter referred to as the "List of Arbitrators," on which individuals who are active notaries or retired notaries with the appropriate qualifications to perform the functions of an arbitrator may be entered, as well as individuals with academic degrees or titles in the field of legal sciences. The entry into the List of Arbitrators and removal from the List of Arbitrators is carried out by the President of the Arbitration Court at the request of the Association of Notaries of the Republic of Poland.

  2. At the request of the Association of Notaries of the Republic of Poland, the President of the Arbitration Court may also enter other individuals with legal education, who have full legal capacity, fully exercising public rights, and possess the necessary knowledge and professional preparation to resolve disputes, onto the List of Arbitrators. The entry of such individuals onto the List of Arbitrators requires the consent of the Director of the Arbitration Court. The provisions of §9 paragraph 1 above concerning removal from the List of Arbitrators apply accordingly.

  3. In the event of gross or persistent failure to fulfill the obligations of an arbitrator, the President of the Arbitration Court informs the Association of Notaries of the Republic of Poland about this, simultaneously suspending the arbitrator from performing duties until the Association of Notaries of the Republic of Poland takes a position.

  4. The President of the Arbitration Court removes an arbitrator from the List of Arbitrators in the case of:


    a. submission of a request for removal by the Association of Notaries of the Republic of Poland,
    b. loss by the arbitrator of the qualities mentioned in § 9 paragraph 1 or § 2 that should be possessed by persons entered on the List of Arbitrators,
    c. loss by the arbitrator of full legal capacity,
    d. conviction of the arbitrator by a valid judgment for a crime,
    e. loss by the arbitrator of full public rights,
    f. resignation by the arbitrator from the position of an arbitrator entered on the List of Arbitrators.

  5. In the event of suspending an arbitrator or their removal from the List of Arbitrators, the cases being handled by them are transferred by the President of the Arbitration Court to other arbitrators, who will handle these cases until their completion.

  6. Members of the bodies of the Association of Notaries of the Republic of Poland in Warsaw, the President of the Arbitration Court and their deputies, as well as the arbitrators of the Arbitration Court, may not act as representatives of the parties.

  7. An arbitrator is obliged to maintain impartiality and to resolve the dispute in a proper manner, utilizing their knowledge and experience.

§10.

  1. Disputes before the Arbitration Court are conducted in an IT system available at the domain: www.ultimaratio.pl, in accordance with the Regulations for providing services electronically by Ultima Ratio.

  2. A natural person may appear before the Arbitration Court as a party, its representative, or attorney after creating a user profile in the IT system and confirming their identity via Trusted Profile or in another manner specified therein. Only one user may perform one procedural action on behalf of a participant in the process. Parties and users have access to the Internet and electronic banking, and also choose their telecommunications service provider at their own expense. "Ultima Ratio" The First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland in Warsaw, ul. Rydygiera 17/U01 | 01-793 Warsaw

  3. Disputes are resolved by the Arbitration Court consisting of one arbitrator (sole arbitrator). The arbitrator is selected by the President of the Arbitration Court by means of a draw, provided that the drawing algorithm takes into account the current workload of the arbitrators and their ability to deal with a given case in accordance with these Regulations. If a double draw does not lead to the selection of an arbitrator, and also in the case of substitute arbitrators, the selection of an arbitrator is made by the President of the Arbitration Court. The registration at the Arbitration Court signifies authorization for the President of the Arbitration Court to make the selection of an arbitrator.

  4. The function of arbitrator may be performed by a person entered on the List of Arbitrators.

  5. Upon accepting a case for handling, the arbitrator submits a written statement of impartiality and independence to the parties. This statement is delivered to the parties in the IT system.

  6. In the case of justified doubts regarding the impartiality or independence of the arbitrator, the party may submit a request for their exclusion. The request is submitted within 3 days from the day the party becomes aware of the circumstances referred to in the preceding sentence. If the request is submitted within the time limit, it is subject to decision by the President of the Arbitration Court. The request is to be considered immediately, no later than within 3 days from the day of submission. In the case of a decision on the exclusion of the arbitrator, the President of the Arbitration Court decides on the selection of a substitute arbitrator.

Chapter IV
Proceedings Before the Arbitration Court

§11.

  1. The place of proceedings before the Arbitration Court is the capital city of Warsaw.

  2. The language of the proceedings is Polish. The choice of another language for the proceedings is not allowed.

  3. When examining the case, the Arbitration Court applies Polish law.

§12.

  1. The proceedings before the Arbitration Court are initiated by the claimant submitting a claim. The claim is submitted through the information system. The claim is deemed filed on the day the bank account of the Arbitration Court is credited with the fees in accordance with the “Ultima Ratio” Fee Schedule of the First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland based in Warsaw, hereinafter referred to as the “Fee Schedule”.

  2. One claim can only pursue one demand. Combining several demands in one claim is permissible only if they arise from the same contract.

  3. The claim should precisely specify the parties and the subject of the dispute, along with the designation of its value and indicate the arbitration clause based on which the proceedings are to be conducted.

  4. In the claim, the claimant should provide all assertions justifying the claim and present all evidence. The Arbitration Court may disregard new assertions and evidence supporting them if they could have been submitted already in the claim.


§13.

  1. If the claim meets the formal requirements, the Arbitration Court delivers to the respondent an information about the claim filed against them along with a copy and instructions regarding the creation of a profile and logging into the information system - to the email address that the respondent actively uses, indicated in the agreement between the parties that is the source of the arbitration clause, and in the absence of such an address - to the email address of the respondent indicated in the National Court Register or other public register or record. 4“Ultima Ratio” First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland in Warsaw ul. Rydygiera 17/U01 | 01-793 Warsaw

  2. If the respondent indicated in the agreement, which is the source of the arbitration clause, an email address that does not exist or an address from which they do not use, or if the information about the claim filed along with its copy cannot be delivered due to a full inbox, deliberate blocking of the possibility of receiving correspondence from the mailbox server of the Arbitration Court, or other circumstances for which the respondent is responsible, the claim is deemed effectively delivered at the moment of its first sending. The effect of delivering the claim also occurs when the mailbox server of the respondent places information about the claim submitted, along with its copy, in the “junk” mail folder (so-called “spam”). However, the Arbitration Court attempts three times to deliver the claim.

  3. Regardless of the above, with the utmost concern for the interests of all parties to the proceedings and the safety of transactions, the Arbitration Court sends information about the claim filed, along with its printout and with instructions regarding the creation of a profile and logging into the information system, via registered mail or courier to the address of the respondent, disclosed in the relevant court register or other public register or record, and in the case of individuals not conducting business activity - to the residential address indicated in the agreement or in the arbitration clause. Confirmation of sending the printout of the claim is placed in the electronic system and it is assumed that it reached the addressee within 5 working days from the date of dispatch.

  4. The moment of delivery of the claim is considered its delivery in accordance with paragraphs 1 and 2 above. However, if in the agreement between the parties there is no email address of the respondent and it is not specified as an email address in the relevant court register, other public register or record, the claim is deemed delivered at the moment indicated in the last sentence of the preceding paragraph.


§14.

  1. Within one week from the date of delivery of the claim, the respondent may submit a response to the claim. The response to the claim is submitted through the information system. 

  2. In the response to the claim, the respondent should provide all objections and assertions against the demand of the claim and present all evidence supporting them. The Arbitration Court may disregard new assertions and evidence if they could have been presented already in the response to the claim. 

  3. The lack of a response to the claim, if the case files indicate the jurisdiction of the Arbitration Court, does not suspend the examination of the case and the issuance of a judgment.


§15.

  1. The parties bear the costs of the proceedings according to the rules specified in the Regulations and the Fee Schedule. In the judgment concluding the proceedings, the Arbitration Court rules on the obligation to refund costs in accordance with §20 paragraph 4. 

  2. Subject to §27 paragraph 4 below, both the claimant when submitting the claim, and the respondent when submitting the response to the claim, pay fees according to the Fee Schedule. The Arbitration Court undertakes actions only after the fees have been paid. 

  3. During the proceedings, the arbitrator may require the party to pay an advance for additional costs of the proceedings, under the penalty of not undertaking actions that would incur costs.


§16.

  1. Several persons may act as claimants or respondents in one case if the subject of the dispute consists of rights and obligations common to them and only if the case against several persons can proceed only jointly (necessary joint participation). The claim or response to the claim should, however, be submitted by a common proxy.

  2. The parties may act before the Arbitration Court personally or through attorneys who are lawyers or legal advisers acting on the basis of a power of attorney authorizing them to appear before the Arbitration Court. In the case of a party being a legal person or an organizational unit without legal personality but possessing legal capacity, the proxy may also be a board member acting on the basis of a power of attorney granted in accordance with the principles of representation of the party, authorizing them to appear before the Arbitration Court. In the case of a civil partnership, the proxy of the partners of that partnership may also be a partner of that partnership, acting on the basis of a power of attorney authorizing them to appear before the Arbitration Court.

  3. The proxy of a legal person or entrepreneur, including one without legal personality, may also be an employee of that unit or its superior body.


§17.

  1. The plea of set-off may also be considered when the Arbitration Court is not competent to examine the dispute involving the claim presented for set-off. 

  2. In the course of the proceedings, new claims may not be made alongside the existing ones. However, in the event of a change in circumstances, the claimant may request, instead of the original subject of the dispute, its equivalent or another performance. 

  3. The Arbitration Court issues a resolution to terminate the proceedings if the claimant withdraws the claim with waiver of the claim or without waiver of the claim, provided that the respondent agrees to that, and also when issuing a judgment has become unnecessary or inadmissible for other reasons. The Arbitration Court also terminates the proceedings suspended at the joint request of the parties if the request to resume the proceedings has not been filed within three months from the date of the resolution to suspend.


§18.

  1. During the proceedings, deliveries are made in the information system. The Arbitration Court may inform the parties about the submitted documents, writings, and evidence, as well as about issued judgments by electronic mail and SMS messages if the party requests such an option in the information system. Proceedings before the Arbitration Court are conducted without scheduling a hearing.

  2. Witness testimonies may be presented in the form of written statements or video recordings, with the witness being required to confirm in their statement that they are aware of the responsibility for giving false testimony.

  3. If the Arbitration Court deems it useful, it organizes a video conference to supplement facts of significant importance to the case. Witness testimonies are voluntary. The recording of the hearing is placed in the electronic system of the Center.

  4. Evidence may be obtained from copies of documents, images, photographs, audio and video recordings, computer files, and other similar materials, with the party requesting the presentation of evidence being required in each case to confirm that they are true and authentic. The Arbitration Court may limit the size or format of files presented by the parties and also order files to be submitted in different formats.

  5. In cases requiring special knowledge, the Arbitration Court may, at the request of the party, summon an expert designated by it to provide an opinion. The opinion is presented in the electronic system.


§19.

  1. Subject to the provisions of these Regulations and applicable legal provisions, the Arbitration Court conducts the proceedings in such a manner as it deems appropriate, in particular concerning the timings of procedural actions and organizational and order issues. By entering into the arbitration clause, the parties agree to the principles and manner of proceeding established in these Regulations. The Arbitration Court is not bound by the parties' provisions that differ from the provisions of the Regulations. 

  2. The parties communicate with each other and with the Arbitration Court also via a dedicated chat for each case. The parties may not contact the arbitrator, nor may the arbitrator contact the parties in the case in any other way than through the information system. 

  3. If the provisions of these Regulations are violated, the party that becomes aware of the violation should immediately, but no later than within 3 days, raise the appropriate objection or submit appropriate reservations under the penalty of losing the possibility of invoking such a violation in the further course of the proceedings or in a complaint to overturn the award of the Arbitration Court. Within the same deadline and under the same penalty, the party should report technical problems on the website of the Arbitration Court if they prevent undertaking procedural actions. 

  4. Upon deeming the case sufficiently clarified, the Arbitration Court informs the parties of this and closes the proceedings. The Arbitration Court strives to issue a judgment within 21 days from the date of submitting the claim.


§20.

  1. The judgment of the Arbitration Court should be drawn up in writing and signed by the sole arbitrator. The judgment of the Arbitration Court should include the reasons for the decision.

  2. An agreement can take the form of a judgment after the party submits the relevant request. The appropriate request in this regard should be submitted no later than within 3 days from the date of the agreement.

  3. The judgment of the Arbitration Court should indicate the arbitration clause based on which it was issued, include the designation of the parties and the arbitrator, and state the date and place of its issuance.

  4. In the judgment concluding the case, the Arbitration Court also rules on the costs of the proceedings, applying accordingly the provisions of the Code of Civil Procedure regarding liability for the outcome of the case. Parties represented by professional proxies are entitled to reimbursement of the costs of legal representation in the amount specified in the Fee Schedule. Interest is due on the amount of reimbursement of legal costs from the date of issue of the judgment.

  5. In the event that the parties reach an agreement, unless the parties decide otherwise, the costs of the proceedings are mutually settled, and the Arbitration Court reimburses the parties half of the arbitration fees paid by them.

  6. The Arbitration Court delivers to the parties or their proxies, if appointed, copies of judgments and those resolutions which ordered the costs of the proceedings by registered mail. Other resolutions are delivered in the information system.


§21.

  1. All fees and expenses incurred in the case being resolved by the Arbitration Court or the Secretariat of the Arbitration Court should be covered by the parties before the delivery of the judgment. 

  2. The judgment of the Arbitration Court is final. 

  3. In the event of the judgment of the Arbitration Court being overturned by a common court, the case is re-examined by another arbitrator selected in accordance with the provisions of these Regulations.


§22.

In matters not regulated by these Regulations in the proceedings before the Arbitration Court, the provisions of the Code of Civil Procedure shall apply.
(Consolidated text incorporating changes introduced by the Resolution of the General Meeting of the Association of Notaries of the Republic of Poland 12/II/2022 of 28.02.2022.)

Chapter IV
Proceedings Before the Arbitration Court

§11.

  1. The place of proceedings before the Arbitration Court is the capital city of Warsaw.

  2. The language of the proceedings is Polish. The choice of another language for the proceedings is not allowed.

  3. When examining the case, the Arbitration Court applies Polish law.

§12.

  1. The proceedings before the Arbitration Court are initiated by the claimant submitting a claim. The claim is submitted through the information system. The claim is deemed filed on the day the bank account of the Arbitration Court is credited with the fees in accordance with the “Ultima Ratio” Fee Schedule of the First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland based in Warsaw, hereinafter referred to as the “Fee Schedule”.

  2. One claim can only pursue one demand. Combining several demands in one claim is permissible only if they arise from the same contract.

  3. The claim should precisely specify the parties and the subject of the dispute, along with the designation of its value and indicate the arbitration clause based on which the proceedings are to be conducted.

  4. In the claim, the claimant should provide all assertions justifying the claim and present all evidence. The Arbitration Court may disregard new assertions and evidence supporting them if they could have been submitted already in the claim.


§13.

  1. If the claim meets the formal requirements, the Arbitration Court delivers to the respondent an information about the claim filed against them along with a copy and instructions regarding the creation of a profile and logging into the information system - to the email address that the respondent actively uses, indicated in the agreement between the parties that is the source of the arbitration clause, and in the absence of such an address - to the email address of the respondent indicated in the National Court Register or other public register or record. 4“Ultima Ratio” First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland in Warsaw ul. Rydygiera 17/U01 | 01-793 Warsaw

  2. If the respondent indicated in the agreement, which is the source of the arbitration clause, an email address that does not exist or an address from which they do not use, or if the information about the claim filed along with its copy cannot be delivered due to a full inbox, deliberate blocking of the possibility of receiving correspondence from the mailbox server of the Arbitration Court, or other circumstances for which the respondent is responsible, the claim is deemed effectively delivered at the moment of its first sending. The effect of delivering the claim also occurs when the mailbox server of the respondent places information about the claim submitted, along with its copy, in the “junk” mail folder (so-called “spam”). However, the Arbitration Court attempts three times to deliver the claim.

  3. Regardless of the above, with the utmost concern for the interests of all parties to the proceedings and the safety of transactions, the Arbitration Court sends information about the claim filed, along with its printout and with instructions regarding the creation of a profile and logging into the information system, via registered mail or courier to the address of the respondent, disclosed in the relevant court register or other public register or record, and in the case of individuals not conducting business activity - to the residential address indicated in the agreement or in the arbitration clause. Confirmation of sending the printout of the claim is placed in the electronic system and it is assumed that it reached the addressee within 5 working days from the date of dispatch.

  4. The moment of delivery of the claim is considered its delivery in accordance with paragraphs 1 and 2 above. However, if in the agreement between the parties there is no email address of the respondent and it is not specified as an email address in the relevant court register, other public register or record, the claim is deemed delivered at the moment indicated in the last sentence of the preceding paragraph.


§14.

  1. Within one week from the date of delivery of the claim, the respondent may submit a response to the claim. The response to the claim is submitted through the information system. 

  2. In the response to the claim, the respondent should provide all objections and assertions against the demand of the claim and present all evidence supporting them. The Arbitration Court may disregard new assertions and evidence if they could have been presented already in the response to the claim. 

  3. The lack of a response to the claim, if the case files indicate the jurisdiction of the Arbitration Court, does not suspend the examination of the case and the issuance of a judgment.


§15.

  1. The parties bear the costs of the proceedings according to the rules specified in the Regulations and the Fee Schedule. In the judgment concluding the proceedings, the Arbitration Court rules on the obligation to refund costs in accordance with §20 paragraph 4. 

  2. Subject to §27 paragraph 4 below, both the claimant when submitting the claim, and the respondent when submitting the response to the claim, pay fees according to the Fee Schedule. The Arbitration Court undertakes actions only after the fees have been paid. 

  3. During the proceedings, the arbitrator may require the party to pay an advance for additional costs of the proceedings, under the penalty of not undertaking actions that would incur costs.


§16.

  1. Several persons may act as claimants or respondents in one case if the subject of the dispute consists of rights and obligations common to them and only if the case against several persons can proceed only jointly (necessary joint participation). The claim or response to the claim should, however, be submitted by a common proxy.

  2. The parties may act before the Arbitration Court personally or through attorneys who are lawyers or legal advisers acting on the basis of a power of attorney authorizing them to appear before the Arbitration Court. In the case of a party being a legal person or an organizational unit without legal personality but possessing legal capacity, the proxy may also be a board member acting on the basis of a power of attorney granted in accordance with the principles of representation of the party, authorizing them to appear before the Arbitration Court. In the case of a civil partnership, the proxy of the partners of that partnership may also be a partner of that partnership, acting on the basis of a power of attorney authorizing them to appear before the Arbitration Court.

  3. The proxy of a legal person or entrepreneur, including one without legal personality, may also be an employee of that unit or its superior body.


§17.

  1. The plea of set-off may also be considered when the Arbitration Court is not competent to examine the dispute involving the claim presented for set-off. 

  2. In the course of the proceedings, new claims may not be made alongside the existing ones. However, in the event of a change in circumstances, the claimant may request, instead of the original subject of the dispute, its equivalent or another performance. 

  3. The Arbitration Court issues a resolution to terminate the proceedings if the claimant withdraws the claim with waiver of the claim or without waiver of the claim, provided that the respondent agrees to that, and also when issuing a judgment has become unnecessary or inadmissible for other reasons. The Arbitration Court also terminates the proceedings suspended at the joint request of the parties if the request to resume the proceedings has not been filed within three months from the date of the resolution to suspend.


§18.

  1. During the proceedings, deliveries are made in the information system. The Arbitration Court may inform the parties about the submitted documents, writings, and evidence, as well as about issued judgments by electronic mail and SMS messages if the party requests such an option in the information system. Proceedings before the Arbitration Court are conducted without scheduling a hearing.

  2. Witness testimonies may be presented in the form of written statements or video recordings, with the witness being required to confirm in their statement that they are aware of the responsibility for giving false testimony.

  3. If the Arbitration Court deems it useful, it organizes a video conference to supplement facts of significant importance to the case. Witness testimonies are voluntary. The recording of the hearing is placed in the electronic system of the Center.

  4. Evidence may be obtained from copies of documents, images, photographs, audio and video recordings, computer files, and other similar materials, with the party requesting the presentation of evidence being required in each case to confirm that they are true and authentic. The Arbitration Court may limit the size or format of files presented by the parties and also order files to be submitted in different formats.

  5. In cases requiring special knowledge, the Arbitration Court may, at the request of the party, summon an expert designated by it to provide an opinion. The opinion is presented in the electronic system.


§19.

  1. Subject to the provisions of these Regulations and applicable legal provisions, the Arbitration Court conducts the proceedings in such a manner as it deems appropriate, in particular concerning the timings of procedural actions and organizational and order issues. By entering into the arbitration clause, the parties agree to the principles and manner of proceeding established in these Regulations. The Arbitration Court is not bound by the parties' provisions that differ from the provisions of the Regulations. 

  2. The parties communicate with each other and with the Arbitration Court also via a dedicated chat for each case. The parties may not contact the arbitrator, nor may the arbitrator contact the parties in the case in any other way than through the information system. 

  3. If the provisions of these Regulations are violated, the party that becomes aware of the violation should immediately, but no later than within 3 days, raise the appropriate objection or submit appropriate reservations under the penalty of losing the possibility of invoking such a violation in the further course of the proceedings or in a complaint to overturn the award of the Arbitration Court. Within the same deadline and under the same penalty, the party should report technical problems on the website of the Arbitration Court if they prevent undertaking procedural actions. 

  4. Upon deeming the case sufficiently clarified, the Arbitration Court informs the parties of this and closes the proceedings. The Arbitration Court strives to issue a judgment within 21 days from the date of submitting the claim.


§20.

  1. The judgment of the Arbitration Court should be drawn up in writing and signed by the sole arbitrator. The judgment of the Arbitration Court should include the reasons for the decision.

  2. An agreement can take the form of a judgment after the party submits the relevant request. The appropriate request in this regard should be submitted no later than within 3 days from the date of the agreement.

  3. The judgment of the Arbitration Court should indicate the arbitration clause based on which it was issued, include the designation of the parties and the arbitrator, and state the date and place of its issuance.

  4. In the judgment concluding the case, the Arbitration Court also rules on the costs of the proceedings, applying accordingly the provisions of the Code of Civil Procedure regarding liability for the outcome of the case. Parties represented by professional proxies are entitled to reimbursement of the costs of legal representation in the amount specified in the Fee Schedule. Interest is due on the amount of reimbursement of legal costs from the date of issue of the judgment.

  5. In the event that the parties reach an agreement, unless the parties decide otherwise, the costs of the proceedings are mutually settled, and the Arbitration Court reimburses the parties half of the arbitration fees paid by them.

  6. The Arbitration Court delivers to the parties or their proxies, if appointed, copies of judgments and those resolutions which ordered the costs of the proceedings by registered mail. Other resolutions are delivered in the information system.


§21.

  1. All fees and expenses incurred in the case being resolved by the Arbitration Court or the Secretariat of the Arbitration Court should be covered by the parties before the delivery of the judgment. 

  2. The judgment of the Arbitration Court is final. 

  3. In the event of the judgment of the Arbitration Court being overturned by a common court, the case is re-examined by another arbitrator selected in accordance with the provisions of these Regulations.


§22.

In matters not regulated by these Regulations in the proceedings before the Arbitration Court, the provisions of the Code of Civil Procedure shall apply.
(Consolidated text incorporating changes introduced by the Resolution of the General Meeting of the Association of Notaries of the Republic of Poland 12/II/2022 of 28.02.2022.)

Chapter I
General Provisions

§1.

  1. "Ultima Ratio" The First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland in Warsaw, hereinafter referred to as the "Arbitration Court", is a permanent arbitration court operating under the provisions of the Code of Civil Procedure regarding arbitration courts and these Regulations, established to resolve disputes arising between the parties in connection with specific contractual or non-contractual legal relationships, subject to resolution in a valid arbitration agreement. The parties are bound by the Regulations in effect on the day of filing the lawsuit. 

  2. The Arbitration Court is administered by the company: Causa Finita S.A. with its registered office in Rzeszów, entered in the register of entrepreneurs of the National Court Register under the number 0000640290 or its subsequent successor (hereinafter referred to as the "Operator") based on a separate agreement between the Association of Notaries of the Republic of Poland and Causa Finita S.A.

§2.

The seat of the Arbitration Court is the capital city of Warsaw.

§3.

  1. The Arbitration Court resolves disputes that can be resolved by arbitration courts under the law, provided that their jurisdiction arises from a written agreement of the parties to submit a specific dispute for resolution by the Arbitration Court or to submit disputes arising from a specific legal relationship for resolution by the Arbitration Court (arbitration clause).

  2. The requirement regarding the form of the arbitration clause is also met if the clause is included in the documents or statements exchanged between the parties, submitted using means of distant communication that allow for the preservation of their content. This provision does not apply to disputes arising from contracts where one party is a consumer.

  3. The Arbitration Court is entitled to decide on its jurisdiction, including the existence, validity, or effectiveness of the arbitration clause. In the event of a lack of jurisdiction of the Arbitration Court, the Arbitration Court issues a ruling on lack of jurisdiction.

§4.

Arbitrators, the Arbitration Court, the Operator, and the Association of Notaries of the Republic of Poland are not liable for damages arising from actions or omissions related to proceedings conducted before the Arbitration Court, unless the damage was caused intentionally.

Chapter I
General Provisions

§1.

  1. "Ultima Ratio" The First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland in Warsaw, hereinafter referred to as the "Arbitration Court", is a permanent arbitration court operating under the provisions of the Code of Civil Procedure regarding arbitration courts and these Regulations, established to resolve disputes arising between the parties in connection with specific contractual or non-contractual legal relationships, subject to resolution in a valid arbitration agreement. The parties are bound by the Regulations in effect on the day of filing the lawsuit. 

  2. The Arbitration Court is administered by the company: Causa Finita S.A. with its registered office in Rzeszów, entered in the register of entrepreneurs of the National Court Register under the number 0000640290 or its subsequent successor (hereinafter referred to as the "Operator") based on a separate agreement between the Association of Notaries of the Republic of Poland and Causa Finita S.A.

§2.

The seat of the Arbitration Court is the capital city of Warsaw.

§3.

  1. The Arbitration Court resolves disputes that can be resolved by arbitration courts under the law, provided that their jurisdiction arises from a written agreement of the parties to submit a specific dispute for resolution by the Arbitration Court or to submit disputes arising from a specific legal relationship for resolution by the Arbitration Court (arbitration clause).

  2. The requirement regarding the form of the arbitration clause is also met if the clause is included in the documents or statements exchanged between the parties, submitted using means of distant communication that allow for the preservation of their content. This provision does not apply to disputes arising from contracts where one party is a consumer.

  3. The Arbitration Court is entitled to decide on its jurisdiction, including the existence, validity, or effectiveness of the arbitration clause. In the event of a lack of jurisdiction of the Arbitration Court, the Arbitration Court issues a ruling on lack of jurisdiction.

§4.

Arbitrators, the Arbitration Court, the Operator, and the Association of Notaries of the Republic of Poland are not liable for damages arising from actions or omissions related to proceedings conducted before the Arbitration Court, unless the damage was caused intentionally.

Chapter II
Arbitral Tribunal Bodies

§5.

The bodies of the Arbitral Tribunal are: the President of the Arbitral Tribunal, the Director of the Arbitral Tribunal, and the Council of the Arbitral Tribunal.

§6.

  1. The President of the Arbitral Tribunal directs the Arbitral Tribunal in the scope of its adjudicatory functions and, to the same extent, represents it externally and performs other activities specified in these Regulations. In case of incapacity to perform duties by the President of the Arbitral Tribunal, his/her duties are carried out by the Deputy President of the Arbitral Tribunal.

  2. The President of the Arbitral Tribunal and his/her deputies are appointed and dismissed by the Association of Notaries of the Republic of Poland.

  3. The Director of the Arbitral Tribunal administers the Arbitral Tribunal by managing its current operations, addressing organizational and operational matters, overseeing the economics, including financial aspects, of the Arbitral Tribunal, and performing other activities specified in these Regulations. In case of incapacity to perform duties by the Director of the Arbitral Tribunal, his/her duties are carried out by the Deputy Director of the Arbitral Tribunal.

  4. The Director of the Arbitral Tribunal and his/her deputies are appointed and dismissed by the Operator.

§7.

  1. The Council of the Arbitral Tribunal serves in an advisory capacity to the President of the Arbitral Tribunal and the Director of the Arbitral Tribunal.
     

  2. The Council of the Arbitral Tribunal consists of six to ten members jointly elected by the Association of Notaries of the Republic of Poland and the Operator.

  3. The Council of the Arbitral Tribunal is appointed for a period of two years.

  4. The work of the Council of the Arbitral Tribunal is directed by its Chairperson, appointed by the Association of Notaries of the Republic of Poland.

  5. The Council's competencies include, in particular: proposing changes to the Regulations of the Arbitral Tribunal, suggestions regarding the functioning of the operational system used by the Arbitral Tribunal, analyzing case law, and submitting remarks concerning the improvement of its operations.

  6. Resolutions of the Council of the Arbitral Tribunal are adopted by a majority of votes of its members. In the event of an equal number of votes, the Chairperson's vote is decisive.

§8.

  1. The clerical activities and administrative support of the Arbitral Tribunal are performed by the Secretariat of the Arbitral Tribunal.

  2. The work of the Secretariat of the Arbitral Tribunal is directed by the Director of the Arbitral Tribunal.

Chapter II
Arbitral Tribunal Bodies

§5.

The bodies of the Arbitral Tribunal are: the President of the Arbitral Tribunal, the Director of the Arbitral Tribunal, and the Council of the Arbitral Tribunal.

§6.

  1. The President of the Arbitral Tribunal directs the Arbitral Tribunal in the scope of its adjudicatory functions and, to the same extent, represents it externally and performs other activities specified in these Regulations. In case of incapacity to perform duties by the President of the Arbitral Tribunal, his/her duties are carried out by the Deputy President of the Arbitral Tribunal.

  2. The President of the Arbitral Tribunal and his/her deputies are appointed and dismissed by the Association of Notaries of the Republic of Poland.

  3. The Director of the Arbitral Tribunal administers the Arbitral Tribunal by managing its current operations, addressing organizational and operational matters, overseeing the economics, including financial aspects, of the Arbitral Tribunal, and performing other activities specified in these Regulations. In case of incapacity to perform duties by the Director of the Arbitral Tribunal, his/her duties are carried out by the Deputy Director of the Arbitral Tribunal.

  4. The Director of the Arbitral Tribunal and his/her deputies are appointed and dismissed by the Operator.

§7.

  1. The Council of the Arbitral Tribunal serves in an advisory capacity to the President of the Arbitral Tribunal and the Director of the Arbitral Tribunal.
     

  2. The Council of the Arbitral Tribunal consists of six to ten members jointly elected by the Association of Notaries of the Republic of Poland and the Operator.

  3. The Council of the Arbitral Tribunal is appointed for a period of two years.

  4. The work of the Council of the Arbitral Tribunal is directed by its Chairperson, appointed by the Association of Notaries of the Republic of Poland.

  5. The Council's competencies include, in particular: proposing changes to the Regulations of the Arbitral Tribunal, suggestions regarding the functioning of the operational system used by the Arbitral Tribunal, analyzing case law, and submitting remarks concerning the improvement of its operations.

  6. Resolutions of the Council of the Arbitral Tribunal are adopted by a majority of votes of its members. In the event of an equal number of votes, the Chairperson's vote is decisive.

§8.

  1. The clerical activities and administrative support of the Arbitral Tribunal are performed by the Secretariat of the Arbitral Tribunal.

  2. The work of the Secretariat of the Arbitral Tribunal is directed by the Director of the Arbitral Tribunal.

Chapter III
Arbitrators

§9.

  1. The Arbitration Court maintains a list of arbitrators of the Arbitration Court, hereinafter referred to as the “List of Arbitrators,” on which persons who are active notaries or retired notaries with the relevant qualifications to perform the function of arbitrator, as well as persons holding academic degrees or scientific titles in the field of law, may be entered. The entry on the List of Arbitrators and the removal from the List of Arbitrators is carried out by the President of the Arbitration Court at the request of the Notaries Association of the Republic of Poland.

  2. At the request of the Notaries Association of the Republic of Poland, the President of the Arbitration Court may also enter other persons with legal education, having full legal capacity, fully exercising public rights, and having the knowledge and professional preparation necessary for resolving disputes, on the List of Arbitrators. The entry of such persons on the List of Arbitrators requires the consent of the Director of the Arbitration Court. The provisions of §9 paragraph 1 above concerning removal from the List of Arbitrators apply accordingly.

  3. In the event of gross or repeated failure to fulfill the duties of an arbitrator, the President of the Arbitration Court informs the Notaries Association of the Republic of Poland, while concurrently suspending the arbitrator from fulfilling duties until the position is taken by the Notaries Association of the Republic of Poland. 

  4. The President of the Arbitration Court removes an arbitrator from the List of Arbitrators in the case of:


    a. a request for removal submitted by the Notaries Association of the Republic of Poland,
    b. loss by the arbitrator of the qualities mentioned in § 9 section 1 or § 2 that should be possessed by persons entered on the List of Arbitrators,
    c. loss by the arbitrator of full legal capacity,
    d. conviction of the arbitrator by a valid verdict for a crime,
    e. loss by the arbitrator of full public rights,
    f. resignation by the arbitrator from the position of arbitrator entered on the List of Arbitrators.
     

  5. In the case of the suspension of an arbitrator or their removal from the List of Arbitrators, the cases conducted by them are transferred by the President of the Arbitration Court to other arbitrators who will handle these cases until their conclusion.
     

  6. Members of the bodies of the Notaries Association of the Republic of Poland in Warsaw, the President of the Arbitration Court, and their deputies as well as the arbitrators of the Arbitration Court may not act as representatives of the parties.
     

  7. The arbitrator is obliged to maintain impartiality and resolve the dispute properly, using their knowledge and experience.

§10.

  1. Disputes before the Arbitration Court are conducted in an IT system available at the domain: www.ultimaratio.pl, in accordance with the Regulations for the provision of services electronically by Ultima Ratio.

  2. A natural person may appear before the Arbitration Court as a party, their representative, or attorney after creating a user profile in the IT system and after confirming their identity through the Trusted Profile or in another way specified there. Only one user may perform one procedural action on behalf of a process participant. The parties and users have access to the Internet and electronic banking and also independently choose a telecommunications service provider.3 “Ultima Ratio” First Electronic Arbitration Court at the Notaries Association of the Republic of Poland in Warsaw, ul. Rydygiera 17/U01 | 01-793 Warsaw

  3. Disputes are resolved by the Arbitration Court consisting of one arbitrator (sole arbitrator). The arbitrator is selected by the President of the Arbitration Court by means of a draw, whereby the drawing algorithm takes into account the current workload of the arbitrators and the ability to take up a given case in accordance with these Regulations. If a double draw does not lead to the selection of an arbitrator, as well as in the case of substitute arbitrators, the selection of the arbitrator is made by the President of the Arbitration Court. Registration to the Arbitration Court constitutes authorization for the President of the Arbitration Court to make the selection of the arbitrator.

  4. The role of an arbitrator may be fulfilled by a person entered on the List of Arbitrators.

  5. Upon accepting a case for handling, the arbitrator submits a written statement of impartiality and independence to the parties. This statement is delivered to the parties in the IT system.

  6. In the event of justified doubts as to the impartiality or independence of the arbitrator, the party may submit a request for their exclusion. The request is submitted within 3 days from the date the party obtains information about the circumstances referred to in the preceding sentence. If the request is submitted in time, it will be resolved by the President of the Arbitration Court. The request will be considered promptly, no later than within 3 days of submission. In the event of a decision to exclude the arbitrator, the President of the Arbitration Court decides on the selection of a substitute arbitrator.

Chapter III
Arbitrators

§9.

  1. The Arbitration Court maintains a list of arbitrators of the Arbitration Court, hereinafter referred to as the “List of Arbitrators,” on which persons who are active notaries or retired notaries with the relevant qualifications to perform the function of arbitrator, as well as persons holding academic degrees or scientific titles in the field of law, may be entered. The entry on the List of Arbitrators and the removal from the List of Arbitrators is carried out by the President of the Arbitration Court at the request of the Notaries Association of the Republic of Poland.

  2. At the request of the Notaries Association of the Republic of Poland, the President of the Arbitration Court may also enter other persons with legal education, having full legal capacity, fully exercising public rights, and having the knowledge and professional preparation necessary for resolving disputes, on the List of Arbitrators. The entry of such persons on the List of Arbitrators requires the consent of the Director of the Arbitration Court. The provisions of §9 paragraph 1 above concerning removal from the List of Arbitrators apply accordingly.

  3. In the event of gross or repeated failure to fulfill the duties of an arbitrator, the President of the Arbitration Court informs the Notaries Association of the Republic of Poland, while concurrently suspending the arbitrator from fulfilling duties until the position is taken by the Notaries Association of the Republic of Poland. 

  4. The President of the Arbitration Court removes an arbitrator from the List of Arbitrators in the case of:


    a. a request for removal submitted by the Notaries Association of the Republic of Poland,
    b. loss by the arbitrator of the qualities mentioned in § 9 section 1 or § 2 that should be possessed by persons entered on the List of Arbitrators,
    c. loss by the arbitrator of full legal capacity,
    d. conviction of the arbitrator by a valid verdict for a crime,
    e. loss by the arbitrator of full public rights,
    f. resignation by the arbitrator from the position of arbitrator entered on the List of Arbitrators.
     

  5. In the case of the suspension of an arbitrator or their removal from the List of Arbitrators, the cases conducted by them are transferred by the President of the Arbitration Court to other arbitrators who will handle these cases until their conclusion.
     

  6. Members of the bodies of the Notaries Association of the Republic of Poland in Warsaw, the President of the Arbitration Court, and their deputies as well as the arbitrators of the Arbitration Court may not act as representatives of the parties.
     

  7. The arbitrator is obliged to maintain impartiality and resolve the dispute properly, using their knowledge and experience.

§10.

  1. Disputes before the Arbitration Court are conducted in an IT system available at the domain: www.ultimaratio.pl, in accordance with the Regulations for the provision of services electronically by Ultima Ratio.

  2. A natural person may appear before the Arbitration Court as a party, their representative, or attorney after creating a user profile in the IT system and after confirming their identity through the Trusted Profile or in another way specified there. Only one user may perform one procedural action on behalf of a process participant. The parties and users have access to the Internet and electronic banking and also independently choose a telecommunications service provider.3 “Ultima Ratio” First Electronic Arbitration Court at the Notaries Association of the Republic of Poland in Warsaw, ul. Rydygiera 17/U01 | 01-793 Warsaw

  3. Disputes are resolved by the Arbitration Court consisting of one arbitrator (sole arbitrator). The arbitrator is selected by the President of the Arbitration Court by means of a draw, whereby the drawing algorithm takes into account the current workload of the arbitrators and the ability to take up a given case in accordance with these Regulations. If a double draw does not lead to the selection of an arbitrator, as well as in the case of substitute arbitrators, the selection of the arbitrator is made by the President of the Arbitration Court. Registration to the Arbitration Court constitutes authorization for the President of the Arbitration Court to make the selection of the arbitrator.

  4. The role of an arbitrator may be fulfilled by a person entered on the List of Arbitrators.

  5. Upon accepting a case for handling, the arbitrator submits a written statement of impartiality and independence to the parties. This statement is delivered to the parties in the IT system.

  6. In the event of justified doubts as to the impartiality or independence of the arbitrator, the party may submit a request for their exclusion. The request is submitted within 3 days from the date the party obtains information about the circumstances referred to in the preceding sentence. If the request is submitted in time, it will be resolved by the President of the Arbitration Court. The request will be considered promptly, no later than within 3 days of submission. In the event of a decision to exclude the arbitrator, the President of the Arbitration Court decides on the selection of a substitute arbitrator.

Chapter IV
Proceedings before the Arbitration Court

§11.

  1. The place of proceedings before the Arbitration Court is the capital city of Warsaw.

  2. The language of proceedings is Polish. The choice of another language for proceedings is not permitted.

  3. When hearing the case, the Arbitration Court applies Polish law.

§12.

  1. Proceedings before the Arbitration Court commence with the filing of a claim by the plaintiff. The claim is submitted through the information system. The claim is considered filed on the day the bank account of the Arbitration Court is credited with the fees according to the Fee Schedule “Ultima Ratio” of the First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland based in Warsaw, hereinafter referred to as: “Fee Schedule”.

  2. One claim can only seek one demand. Combining several claims in one submission is only acceptable if they arise from the same contract.

  3. The claim should accurately specify the parties and the subject of the dispute, along with an indication of its value and the clause for arbitration under which the proceedings are to be conducted.

  4. In the claim, the plaintiff should provide all assertions justifying the claimed demand and present all evidence. The Arbitration Court may disregard new assertions and evidence supporting them if they could have already been submitted in the claim.


§13.

  1. If the claim meets formal requirements, the Arbitration Court delivers information to the defendant about the filing of the claim against them along with a copy and instructions regarding the creation of a profile and logging into the information system - to the email address that the defendant actively uses, as specified in the contract between the parties that is the source of the arbitration clause; in the absence of such, to the email address of the defendant indicated in the National Court Register or other public register or documentation. 4“Ultima Ratio” First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland in Warsaw, ul. Rydygiera 17/U01 | 01-793 Warsaw

  2. If the defendant specified in the contract that is the source of the arbitration clause an email address that does not exist, or an address that is not used, or if the notification of the filing of the claim along with its copy cannot be delivered due to a full inbox, intentional blocking of the ability to receive correspondence from the email server of the Arbitration Court, or other circumstances for which the defendant is responsible, the claim is deemed effectively delivered at the moment of its first sending. The effect of delivering the claim is also produced by the placement by the defendant’s email server of information about the claim, along with its copy, in the “junk” mail folder (so-called “spam”). However, the Arbitration Court makes three attempts to deliver the claim.

  3. Notwithstanding the above, with the utmost care for the interests of all parties to the proceedings and the safety of transactions, the Arbitration Court sends the notification of the claim, along with its printout and instructions regarding the creation of a profile and logging into the information system, by registered mail or courier to the defendant’s address, disclosed in the proper court register or other public register or documentation; in the case of individuals not running a business - to the residential address specified in the contract or in the arbitration clause. Confirmation of sending the claim printout is placed in the electronic system and it is assumed to have reached the addressee within 5 working days from the date of dispatch.

  4. The moment of delivery of the claim is considered as its delivery according to paragraph 1 and 2 above. However, if the contract between the parties does not specify the email address of the defendant, and it is not indicated as the email address in the proper court register, other public register or documentation, the claim is considered delivered at the moment indicated in the last sentence of the preceding paragraph.


§14.

  1. Within a week from the day of delivery of the claim, the defendant may file a response to the claim. The response to the claim is submitted via the information system. 

  2. In the response to the claim, the defendant should state all objections and allegations against the claim and present all evidence supporting them. The Arbitration Court may disregard new assertions and evidence if they could have already been submitted in the response to the claim. 

  3. The lack of a response to the claim, if the case file indicates the competence of the Arbitration Court, does not suspend the consideration of the case and the issuance of a ruling.


§15.

  1. The costs of the proceedings are borne by the parties on the principles specified in the Regulations and the Fee Schedule. In the ruling concluding the proceedings, the Arbitration Court decides on the obligation to refund costs in accordance with §20 paragraph 4. 

  2. Subject to §27 paragraph 4 below, both the plaintiff when filing the claim and the defendant when filing the response to the claim pay fees according to the Fee Schedule. The Arbitration Court undertakes actions only after the fees are paid. 

  3. During the proceedings, the arbitrator may require a party to pay an advance on additional costs of the proceedings, under the penalty of not undertaking actions that would incur costs.


§16.

  1. Several individuals may act as plaintiffs or defendants in one case if the subject of the dispute consists of rights and obligations common to them and only when the case against multiple people can only be conducted jointly (necessary joint participation). However, the claim or response to the claim should be submitted by a common representative.

  2. The parties may act before the Arbitration Court personally or through representatives who are lawyers or legal advisers acting on the basis of a power of attorney authorizing them to represent before the Arbitration Court. In the case of a party that is a legal entity or an organizational unit without legal personality, but has legal standing, the representative may also be a member of the management acting on the basis of a power of attorney granted in accordance with the representation principles of the Party, authorizing them to act before the Arbitration Court. In the case of a civil partnership, the representatives of that partnership may also be a partner in that partnership acting on the basis of a power of attorney authorizing them to act before the Arbitration Court.

  3. A representative of a legal person or entrepreneur, including one who does not have legal personality, may also be an employee of that unit or its superior body.


§17.

  1. The plea of set-off can also be considered when the Arbitration Court is not competent to examine the dispute involving the claim presented for set-off. 

  2. During the proceedings, new claims cannot be presented alongside existing ones. However, in the event of a change of circumstances, the plaintiff may demand, instead of the original subject of the dispute, its equivalent or another performance. 

  3. The Arbitration Court issues a decision to discontinue the proceedings if the plaintiff withdraws the claim with a waiver of the claim or without a waiver of the claim, provided the defendant consents to it, and also when issuing a judgment becomes unnecessary or inadmissible for other reasons. The Arbitration Court also discontinues proceedings suspended at the joint request of the parties if the request to resume proceedings is not submitted within three months from the date of the decision to suspend.


§18.

  1. During the proceedings, notifications are made through the information system. The Arbitration Court may inform the parties about submitted letters, documents, and evidence, as well as issued rulings via email and SMS messages, if the party requests such a possibility in the information system. Proceedings before the Arbitration Court are conducted without appointing a hearing.

  2. Witness statements may be made in the form of written declarations or video recordings, where the witness should confirm in their statement that they are aware of the responsibility for making false statements.

  3. If the Arbitration Court considers it appropriate, it organizes a video conference to supplement facts that are significant for the case. Witness statements are voluntary. The recording of the hearing is placed in the electronic system of the Center.

  4. Evidence can be conducted from copies of documents, images, photos, audio and video recordings, computer files, and other such materials, where the party requesting the presentation of evidence should in each case confirm that they are true and authentic. The Arbitration Court may limit the size or format of files presented by the parties and also order the files to be presented in other formats.

  5. In cases requiring special knowledge, the Arbitration Court may at the request of a party summon an expert appointed by itself in order to obtain an opinion. The opinion is presented in the electronic system.


§19.

  1. Subject to the provisions of these Regulations and the absolutely binding legal provisions, the Arbitration Court conducts the proceedings in a manner it deems appropriate, particularly regarding the deadlines for procedural actions as well as organizational and order issues. By entering into the arbitration clause, the parties agree to the rules and manner of proceedings before the Arbitration Court as specified in these Regulations. The Arbitration Court is not bound by the provisions of the Parties that differ from the provisions of the Regulations. 

  2. The parties communicate with each other and with the Arbitration Court also via a dedicated chat for each case. The parties may not contact the arbitrator, nor may the arbitrator contact the parties in a given case in any way other than through the information system. 

  3. If the provisions of these Regulations are breached, the party that has learned of the breach should immediately, but no later than within 3 days, raise the relevant objection or submit the relevant reservation under the penalty of losing the ability to invoke such a breach in the further course of the proceedings or in a complaint to annul the ruling of the Arbitration Court. Within the same period and under the same penalty, the party should report on the website of the Arbitration Court any technical problems that prevent them from undertaking procedural actions. 

  4. Once the case is found to be sufficiently clarified, the Arbitration Court informs the parties and closes the proceedings. The Arbitration Court aims to issue a judgment within 21 days from the date of filing the claim.


§20.

  1. The ruling of the Arbitration Court should be made in writing and signed by the sole arbitrator. The ruling of the Arbitration Court should include the grounds for the decision.

  2. A settlement may take the form of a ruling after a relevant request is submitted by a party. The corresponding request in this regard must be submitted no later than 3 days from the date of the settlement.

  3. The ruling of the Arbitration Court should indicate the arbitration clause based on which it was issued, include the designation of the parties and the arbitrator, as well as specify the date and place of its issuance.

  4. In the ruling concluding the case, the Arbitration Court also decides on the costs of proceedings, applying the relevant provisions of the Code of Civil Procedure regarding liability for the outcome of the case. Parties represented by professional representatives are entitled to reimbursement of legal representation costs in the amount specified in the Fee Schedule. From the amount of the reimbursement of litigation costs, statutory interest is due from the date of the ruling.

  5. If the parties reach a settlement, unless the parties decide otherwise, the costs of the proceedings are mutually settled, and the Arbitration Court returns half of the arbitration fees paid by them.

  6. The Arbitration Court delivers copies of the rulings and those decisions in which costs of proceedings were awarded to the parties or their representatives, if appointed, by registered mail. Other rulings are delivered through the information system.


§21.

  1. All fees and expenses incurred in the settled case by the Arbitration Court or the Secretariat of the Arbitration Court should be borne by the parties before the delivery of the ruling. 

  2. The ruling of the Arbitration Court is final. 

  3. If the ruling of the Arbitration Court is annulled by a court of common jurisdiction, the case is re-examined by another arbitrator selected in accordance with the provisions of these Regulations. §22. In matters not regulated by these Regulations in proceedings before the Arbitration Court, the provisions of the Code of Civil Procedure apply. (Consolidated text taking into account changes introduced by the Resolution of the Board of the SNRP 12/II/2022 dated 28.02.2022.) 8“Ultima Ratio” First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland in Warsaw, ul. Rydygiera 17/U01 | 01-793 Warsaw


§22.

In matters not regulated by these Regulations in proceedings before the Arbitration Court, the provisions of the Code of Civil Procedure apply.
(Consolidated text taking into account changes introduced by the Resolution of the Board of the SNRP 12/II/2022 dated 28.02.2022.)

Chapter IV
Proceedings before the Arbitration Court

§11.

  1. The place of proceedings before the Arbitration Court is the capital city of Warsaw.

  2. The language of proceedings is Polish. The choice of another language for proceedings is not permitted.

  3. When hearing the case, the Arbitration Court applies Polish law.

§12.

  1. Proceedings before the Arbitration Court commence with the filing of a claim by the plaintiff. The claim is submitted through the information system. The claim is considered filed on the day the bank account of the Arbitration Court is credited with the fees according to the Fee Schedule “Ultima Ratio” of the First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland based in Warsaw, hereinafter referred to as: “Fee Schedule”.

  2. One claim can only seek one demand. Combining several claims in one submission is only acceptable if they arise from the same contract.

  3. The claim should accurately specify the parties and the subject of the dispute, along with an indication of its value and the clause for arbitration under which the proceedings are to be conducted.

  4. In the claim, the plaintiff should provide all assertions justifying the claimed demand and present all evidence. The Arbitration Court may disregard new assertions and evidence supporting them if they could have already been submitted in the claim.


§13.

  1. If the claim meets formal requirements, the Arbitration Court delivers information to the defendant about the filing of the claim against them along with a copy and instructions regarding the creation of a profile and logging into the information system - to the email address that the defendant actively uses, as specified in the contract between the parties that is the source of the arbitration clause; in the absence of such, to the email address of the defendant indicated in the National Court Register or other public register or documentation. 4“Ultima Ratio” First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland in Warsaw, ul. Rydygiera 17/U01 | 01-793 Warsaw

  2. If the defendant specified in the contract that is the source of the arbitration clause an email address that does not exist, or an address that is not used, or if the notification of the filing of the claim along with its copy cannot be delivered due to a full inbox, intentional blocking of the ability to receive correspondence from the email server of the Arbitration Court, or other circumstances for which the defendant is responsible, the claim is deemed effectively delivered at the moment of its first sending. The effect of delivering the claim is also produced by the placement by the defendant’s email server of information about the claim, along with its copy, in the “junk” mail folder (so-called “spam”). However, the Arbitration Court makes three attempts to deliver the claim.

  3. Notwithstanding the above, with the utmost care for the interests of all parties to the proceedings and the safety of transactions, the Arbitration Court sends the notification of the claim, along with its printout and instructions regarding the creation of a profile and logging into the information system, by registered mail or courier to the defendant’s address, disclosed in the proper court register or other public register or documentation; in the case of individuals not running a business - to the residential address specified in the contract or in the arbitration clause. Confirmation of sending the claim printout is placed in the electronic system and it is assumed to have reached the addressee within 5 working days from the date of dispatch.

  4. The moment of delivery of the claim is considered as its delivery according to paragraph 1 and 2 above. However, if the contract between the parties does not specify the email address of the defendant, and it is not indicated as the email address in the proper court register, other public register or documentation, the claim is considered delivered at the moment indicated in the last sentence of the preceding paragraph.


§14.

  1. Within a week from the day of delivery of the claim, the defendant may file a response to the claim. The response to the claim is submitted via the information system. 

  2. In the response to the claim, the defendant should state all objections and allegations against the claim and present all evidence supporting them. The Arbitration Court may disregard new assertions and evidence if they could have already been submitted in the response to the claim. 

  3. The lack of a response to the claim, if the case file indicates the competence of the Arbitration Court, does not suspend the consideration of the case and the issuance of a ruling.


§15.

  1. The costs of the proceedings are borne by the parties on the principles specified in the Regulations and the Fee Schedule. In the ruling concluding the proceedings, the Arbitration Court decides on the obligation to refund costs in accordance with §20 paragraph 4. 

  2. Subject to §27 paragraph 4 below, both the plaintiff when filing the claim and the defendant when filing the response to the claim pay fees according to the Fee Schedule. The Arbitration Court undertakes actions only after the fees are paid. 

  3. During the proceedings, the arbitrator may require a party to pay an advance on additional costs of the proceedings, under the penalty of not undertaking actions that would incur costs.


§16.

  1. Several individuals may act as plaintiffs or defendants in one case if the subject of the dispute consists of rights and obligations common to them and only when the case against multiple people can only be conducted jointly (necessary joint participation). However, the claim or response to the claim should be submitted by a common representative.

  2. The parties may act before the Arbitration Court personally or through representatives who are lawyers or legal advisers acting on the basis of a power of attorney authorizing them to represent before the Arbitration Court. In the case of a party that is a legal entity or an organizational unit without legal personality, but has legal standing, the representative may also be a member of the management acting on the basis of a power of attorney granted in accordance with the representation principles of the Party, authorizing them to act before the Arbitration Court. In the case of a civil partnership, the representatives of that partnership may also be a partner in that partnership acting on the basis of a power of attorney authorizing them to act before the Arbitration Court.

  3. A representative of a legal person or entrepreneur, including one who does not have legal personality, may also be an employee of that unit or its superior body.


§17.

  1. The plea of set-off can also be considered when the Arbitration Court is not competent to examine the dispute involving the claim presented for set-off. 

  2. During the proceedings, new claims cannot be presented alongside existing ones. However, in the event of a change of circumstances, the plaintiff may demand, instead of the original subject of the dispute, its equivalent or another performance. 

  3. The Arbitration Court issues a decision to discontinue the proceedings if the plaintiff withdraws the claim with a waiver of the claim or without a waiver of the claim, provided the defendant consents to it, and also when issuing a judgment becomes unnecessary or inadmissible for other reasons. The Arbitration Court also discontinues proceedings suspended at the joint request of the parties if the request to resume proceedings is not submitted within three months from the date of the decision to suspend.


§18.

  1. During the proceedings, notifications are made through the information system. The Arbitration Court may inform the parties about submitted letters, documents, and evidence, as well as issued rulings via email and SMS messages, if the party requests such a possibility in the information system. Proceedings before the Arbitration Court are conducted without appointing a hearing.

  2. Witness statements may be made in the form of written declarations or video recordings, where the witness should confirm in their statement that they are aware of the responsibility for making false statements.

  3. If the Arbitration Court considers it appropriate, it organizes a video conference to supplement facts that are significant for the case. Witness statements are voluntary. The recording of the hearing is placed in the electronic system of the Center.

  4. Evidence can be conducted from copies of documents, images, photos, audio and video recordings, computer files, and other such materials, where the party requesting the presentation of evidence should in each case confirm that they are true and authentic. The Arbitration Court may limit the size or format of files presented by the parties and also order the files to be presented in other formats.

  5. In cases requiring special knowledge, the Arbitration Court may at the request of a party summon an expert appointed by itself in order to obtain an opinion. The opinion is presented in the electronic system.


§19.

  1. Subject to the provisions of these Regulations and the absolutely binding legal provisions, the Arbitration Court conducts the proceedings in a manner it deems appropriate, particularly regarding the deadlines for procedural actions as well as organizational and order issues. By entering into the arbitration clause, the parties agree to the rules and manner of proceedings before the Arbitration Court as specified in these Regulations. The Arbitration Court is not bound by the provisions of the Parties that differ from the provisions of the Regulations. 

  2. The parties communicate with each other and with the Arbitration Court also via a dedicated chat for each case. The parties may not contact the arbitrator, nor may the arbitrator contact the parties in a given case in any way other than through the information system. 

  3. If the provisions of these Regulations are breached, the party that has learned of the breach should immediately, but no later than within 3 days, raise the relevant objection or submit the relevant reservation under the penalty of losing the ability to invoke such a breach in the further course of the proceedings or in a complaint to annul the ruling of the Arbitration Court. Within the same period and under the same penalty, the party should report on the website of the Arbitration Court any technical problems that prevent them from undertaking procedural actions. 

  4. Once the case is found to be sufficiently clarified, the Arbitration Court informs the parties and closes the proceedings. The Arbitration Court aims to issue a judgment within 21 days from the date of filing the claim.


§20.

  1. The ruling of the Arbitration Court should be made in writing and signed by the sole arbitrator. The ruling of the Arbitration Court should include the grounds for the decision.

  2. A settlement may take the form of a ruling after a relevant request is submitted by a party. The corresponding request in this regard must be submitted no later than 3 days from the date of the settlement.

  3. The ruling of the Arbitration Court should indicate the arbitration clause based on which it was issued, include the designation of the parties and the arbitrator, as well as specify the date and place of its issuance.

  4. In the ruling concluding the case, the Arbitration Court also decides on the costs of proceedings, applying the relevant provisions of the Code of Civil Procedure regarding liability for the outcome of the case. Parties represented by professional representatives are entitled to reimbursement of legal representation costs in the amount specified in the Fee Schedule. From the amount of the reimbursement of litigation costs, statutory interest is due from the date of the ruling.

  5. If the parties reach a settlement, unless the parties decide otherwise, the costs of the proceedings are mutually settled, and the Arbitration Court returns half of the arbitration fees paid by them.

  6. The Arbitration Court delivers copies of the rulings and those decisions in which costs of proceedings were awarded to the parties or their representatives, if appointed, by registered mail. Other rulings are delivered through the information system.


§21.

  1. All fees and expenses incurred in the settled case by the Arbitration Court or the Secretariat of the Arbitration Court should be borne by the parties before the delivery of the ruling. 

  2. The ruling of the Arbitration Court is final. 

  3. If the ruling of the Arbitration Court is annulled by a court of common jurisdiction, the case is re-examined by another arbitrator selected in accordance with the provisions of these Regulations. §22. In matters not regulated by these Regulations in proceedings before the Arbitration Court, the provisions of the Code of Civil Procedure apply. (Consolidated text taking into account changes introduced by the Resolution of the Board of the SNRP 12/II/2022 dated 28.02.2022.) 8“Ultima Ratio” First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland in Warsaw, ul. Rydygiera 17/U01 | 01-793 Warsaw


§22.

In matters not regulated by these Regulations in proceedings before the Arbitration Court, the provisions of the Code of Civil Procedure apply.
(Consolidated text taking into account changes introduced by the Resolution of the Board of the SNRP 12/II/2022 dated 28.02.2022.)

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biuro@ultimaratio.pl

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