This Act organises the Union Court, the judicial institution of the United Human Digital Union, and sets out how cases are brought, heard and decided, and how parties may choose the Court as their arbitrator.
It is made by the Founding Council under Article 5 of the Charter, and gives effect to Articles 3 and 8.
Article 1The Court
- 1.1The Union Court is the judicial institution of the Union. It sits in the Union's Digital Realm and conducts its proceedings online.
- 1.2The Founding Council sits as the Union Court.
- 1.3The Court decides according to the Charter, the Acts and the agreements of the Union, after hearing each party, and gives written reasons.
Article 2Jurisdiction
- 2.1Charter review: whether any act, decree, rule or decision of the Union complies with the Charter.
- 2.2Review of decisions: any decision of the Union that affects a member, including the refusal of an application, a suspension, the revocation of a document and the striking off of a company.
- 2.3Disputes with the Union: any dispute between a member and the Union arising from the Charter, an Act or an agreement of the Union.
- 2.4Disputes between members: any dispute between members, including Digital Companies through their owners, about Union matters such as company names, Union documents and impersonation.
- 2.5Protection claims: claims by holders of a Digital Passport against a company's Protection Deposit, under the Protection Deposit Act.
- 2.6Proceedings by the Union: proceedings the Union brings against a member, or a Digital Company through its owner, for breach of the Charter, an Act, a licence condition or an agreement of the Union.
- 2.7Arbitration: any dispute that the parties have agreed in writing to submit to the Court, under Article 6.
Article 3Bringing a case
- 3.1Before bringing a case against the Union, a member first raises the matter by petition and allows a reasonable time for a response (Charter, Article 6).
- 3.2A case is brought by a written application stating who the parties are, what is in dispute, what the applicant asks the Court to decide, and the evidence relied on.
- 3.3An application to review a decision of the Union is brought within 90 days of the decision being communicated, unless the Court allows more time for good reason.
- 3.4Members bring cases from their account, through the case system the Union provides for that purpose. Digital Members sign their applications with their own key.
- 3.5A case against a member, or against a Digital Company through its owner, opens when the filing fee is paid. The respondent sees it in their account and may respond within 120 days. Responding costs nothing.
- 3.6The Union brings proceedings through the Stewards' office. They open at once, without a filing fee, and the respondent sees them in their account and may respond within 120 days, as in any other case.
- 3.7Cases, and everything written in them, are visible only to the parties and the Court.
Article 4Procedure
- 4.1Proceedings are in English, in writing and online. Parties may attach images (PNG or JPEG) as evidence. The Court may hold an online hearing where it helps to decide the case.
- 4.2Each party is told the case against it and may respond and submit evidence. The Court may ask any party, or the Union, for information.
- 4.3The Court sets its own procedure within this Act, fairly and without unnecessary formality or cost, and aims to decide within 60 days of an application being complete.
- 4.4Proceedings are private. A member may be represented by any person they choose.
- 4.5Where urgent action is needed to prevent serious harm, the Court may make a temporary order before hearing every party, and then hears them promptly.
Article 5Decisions and remedies
- 5.1The Court gives a reasoned decision in writing, signed by the Union so that it can be verified.
- 5.2Within the Union, the Court may confirm or annul an act or decision; order a document reinstated, corrected or revoked; order a register corrected; order a party to comply with the Charter, an Act or an agreement of the Union; order a licence suspended or revoked; award a claimant an amount to be paid from a Protection Deposit; and declare the rights of the parties within the Union.
- 5.3Decisions bind the Union and the parties. The institutions of the Union give effect to them. A member who does not comply with a decision may be suspended under the Charter's due process.
- 5.4Rulings are published in the statute book without the parties' personal details.
- 5.5Decisions are final.
Article 6Arbitration
- 6.1Any parties, whether members, Digital Companies or others, may agree in writing to submit an existing or future dispute to arbitration by the Union Court.
- 6.2The Court conducts the arbitration under this Act and any rules the parties agree that are consistent with it, and gives a reasoned, signed award.
- 6.3An award binds the parties as a matter of their agreement, and within the Union is given effect like a decision of the Court.
- 6.4The Union makes no claim about whether an award can be recognised or enforced outside the Union; that depends on the law where enforcement is sought. Parties who need an award enforceable in a particular state should take advice and may choose arbitration seated under that state's law instead.
Article 7Fees
- 7.1Every case carries a filing fee of 0.005 BTC, paid by the party who brings it when the case is submitted, and published on the Fees page. Proceedings brought by the Union carry no fee. The Founding Council may set different fees for different types of case.
- 7.2Filing fees are non-refundable, as set out in the Refund Policy.
Article 8Amendment
- 8.1The Founding Council may amend this Act at any time.