������Ƶ

A Tolling Agreement pauses the statute of limitations for legal claims, giving parties more time to resolve disputes before going to court. In Swiss law, these agreements are particularly valuable when dealing with complex commercial disputes or when parties want to explore settlement options without rushing into litigation.

Swiss companies often use Tolling Agreements alongside mediation efforts, especially in construction and financial services sectors. The agreement prevents time-based defenses from expiring while parties negotiate, typically lasting 6-12 months. It's crucial to specify exact claims and time periods in writing, as Swiss courts strictly interpret these voluntary extensions of limitation periods.

Consider a Tolling Agreement when you need more time to negotiate but the statute of limitations is approaching. This tool proves especially valuable in Swiss commercial disputes where complex technical assessments are needed, like construction defects or intellectual property claims. It gives you breathing room to gather evidence and explore settlement options without rushing to court.

The agreement makes particular sense when dealing with multiple parties in Swiss jurisdiction, or when expert opinions are pending. For example, manufacturing defect cases often require detailed technical analysis that can take months. A Tolling Agreement preserves your legal rights while this crucial investigation work happens.

• Standard Time Extension: Basic Tolling Agreements that pause limitation periods for specific claims, commonly used in commercial disputes
• Multi-Party Version: Modified agreements covering multiple parties in complex Swiss litigation, especially in construction or financial sectors
• Conditional Tolling: Links the time extension to specific events or milestones, like completing expert analysis or mediation attempts
• Limited-Scope Agreement: Restricts the tolling to particular claims or issues while preserving limitation periods for others
• Staged Tolling: Provides progressive extensions based on negotiation progress or dispute resolution phases

• Corporate Legal Departments: Draft and review Tolling Agreements to protect their company's interests during complex negotiations
• External Law Firms: Advise clients on agreement terms and ensure compliance with Swiss limitation laws
• Commercial Parties: Sign these agreements when involved in disputes requiring extended investigation or negotiation time
• Insurance Companies: Use them in liability cases to allow proper claim assessment without court pressure
• Construction Companies: Frequently engage in Tolling Agreements for complex defect or delay claims requiring technical expertise

• Identify Claims: List all potential legal claims and their current limitation periods under Swiss law
• Party Details: Gather full legal names, addresses, and authority confirmation for all involved parties
• Time Parameters: Define exact start and end dates for the tolling period, considering Swiss statutory deadlines
• Scope Definition: Specify which claims and rights are covered by the agreement
• Documentation: Collect relevant correspondence, contracts, and evidence supporting the claims
• Draft Review: Our platform generates precise, Swiss-compliant Tolling Agreements, eliminating common drafting errors

• Party Identification: Full legal names and addresses of all involved parties, with signing authority clearly stated
• Claims Description: Specific details of all claims being tolled, including dates and circumstances
• Time Period: Precise start and end dates of the tolling period under Swiss limitation laws
• Preservation Clause: Statement preserving all legal rights and defenses during the tolling period
• Governing Law: Clear designation of Swiss law and jurisdiction
• Termination Terms: Conditions for early termination and notice requirements
• Signatures: Proper execution blocks for all parties with date fields

Tolling Agreements are often confused with Conciliation Agreements in Swiss legal practice, but they serve distinctly different purposes in dispute resolution. While both aim to facilitate amicable solutions, their mechanisms and effects differ significantly.

• Time Effect: Tolling Agreements pause limitation periods without starting negotiations, while Conciliation Agreements actively structure the settlement process
• Legal Commitment: Tolling Agreements simply preserve rights, whereas Conciliation Agreements create obligations to participate in structured dispute resolution
• Duration: Tolling Agreements typically have fixed end dates tied to limitation periods, while Conciliation Agreements last until resolution or termination of negotiations
• Scope: Tolling Agreements focus solely on preserving legal claims, but Conciliation Agreements outline comprehensive dispute resolution procedures and terms