Procedural Effects of Court Settlements
Year: 2025
Type: article
Abstract: This is an accepted article with a DOI pre-assigned that is not yet published.Court settlements, that is, settlements concluded by the parties to a pending action and registered by the court to render procedural effects upon them, are common in many European jurisdictions. However, their procedural effects under the Brussels Ibis Regulation and the Lugano Convention are limited to direct enforceability. Comparing English, German, Norwegian, and Swedish law, this contribution critically interrogates the arguments on which the rejection of res judicata effects is founded. The main argument is that the formal approach taken by the European Court of Justice that separates between court settlements labelled (consent) judgments and those considered a sui generis category of court decisions is misdirected. The approach downplays the intrinsic, complex interplay between, and amalgamation of, contract and procedural law. Understanding these interrelationships is vital for regulating the procedural effects of court settlements across borders.
Source: Law & Criminology Journal.
DOI: 10.21825/lcj.93853
Author: Anna Nylund
Institution: University of Bergen
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411278432