An Analysis of Offers to Settle in Common Law Courts: Are They Relevant in the Civil Law Context?
Electronic Journal of Comparative Law, Vol. 13, No. 3, pp. 1-12, 2009
12 Pages Posted: 25 Apr 2011
Date Written: September 22, 2009
Abstract
This paper will first examine how Part 36 of the CPR is employed in England and Wales after its amendments in 2007. Secondly, this procedure will be compared with Order 22 of the Rules of the Superior Courts (R.S.C.) in Ireland. Thirdly, the discussion will focus on Rule 68 of the Federal Rules of Civil Procedure in the United States with a further overview of State procedures. Fourthly, this paper will examine the reasons as in why civil law jurisdictions, in particular the Spanish Procedure, do not employ offers to settle. Lastly, this paper concludes by considering the need for a European regulation to promote settlement in cross-border litigation for disputes arising from the internal market.
Keywords: civil procedure, offers to settle, part 36, negotiation, settlement, ADR
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