��������Ƶ

A Tolling Agreement pauses the time limit for filing a legal claim, giving parties more time to negotiate before heading to court. It's commonly used in Hong Kong's commercial disputes when businesses want to explore settlement options without rushing to litigation before the limitation period expires.

These agreements benefit both sides by preserving legal rights while creating space for productive discussions. In Hong Kong's fast-paced business environment, they're especially valuable for complex commercial and construction disputes, where gathering evidence and assessing claims often requires careful investigation. The agreement must clearly specify which claims are covered and the exact duration of the pause.

Consider a Tolling Agreement when you need more time to investigate a potential claim but are approaching Hong Kong's legal deadlines. This tool proves especially valuable in complex commercial disputes where gathering evidence, calculating damages, or untangling multiple parties takes significant time.

It's particularly useful in construction disputes, professional negligence cases, and situations involving overseas parties or extensive document review. The agreement helps avoid rushed litigation while preserving your right to sue. Many Hong Kong businesses use it during sensitive negotiations where maintaining good relationships matters as much as resolving the dispute.

• Basic Tolling Agreement: Pauses limitation periods for a fixed time, commonly used in straightforward commercial disputes.
• Conditional Tolling Agreement: Links the pause to specific events or milestones, often used in construction disputes.
• Multi-party Tolling Agreement: Covers multiple claimants or defendants, typical in complex Hong Kong corporate matters.
• Limited-scope Tolling Agreement: Restricts the pause to specific claims while letting others expire normally.
• Rolling Tolling Agreement: Includes automatic extension provisions, popular in ongoing settlement negotiations.

• Corporate Legal Teams: Draft and review Tolling Agreements to protect their companies' interests during disputes.
• External Law Firms: Advise clients on agreement terms and negotiate with opposing counsel in Hong Kong.
• Business Executives: Make strategic decisions about entering these agreements during commercial disputes.
• Construction Companies: Frequently use these agreements in complex project disputes requiring detailed investigation.
• Insurance Companies: Enter agreements to extend claim investigation periods while preserving rights.
• Professional Services Firms: Use them in negligence cases to allow time for thorough claim assessment.

• Identify Claims: List all potential claims and their limitation periods under Hong Kong law.
• Party Details: Gather full legal names, addresses, and authorized signatories of all involved parties.
• Time Frame: Determine exact start and end dates for the tolling period.
• Claim Documentation: Collect key documents, correspondence, and evidence related to the dispute.
• Agreement Scope: Define which specific claims the agreement covers or excludes.
• Draft Review: Use our platform's custom-generated templates to ensure all mandatory elements are included correctly.
• Signing Authority: Confirm each party's authority to enter the agreement.

• Party Information: Full legal names and addresses of all parties, including authorized signatories.
• Claim Description: Clear identification of disputed matters and potential claims being tolled.
• Tolling Period: Precise start and end dates of the agreement's effectiveness.
• Scope Definition: Specific rights and claims covered by the tolling arrangement.
• Governing Law: Express statement that Hong Kong law governs the agreement.
• Preservation Clause: Confirmation that all legal rights and defenses remain intact.
• Termination Terms: Conditions and process for ending the agreement early.
• Execution Block: Proper signature sections with witness provisions.

A Tolling Agreement is often confused with a Arbitration Agreement, but they serve distinctly different purposes in Hong Kong's legal framework. While both help manage disputes, their timing and objectives differ significantly.

• Purpose: Tolling Agreements pause the limitation period for filing claims, while Arbitration Agreements commit parties to resolve disputes through arbitration instead of court.
• Timing of Use: Tolling Agreements are typically signed when a dispute already exists and parties need more time to investigate, while Arbitration Agreements are usually included in contracts before any dispute arises.
• Legal Effect: Tolling Agreements preserve legal rights temporarily, whereas Arbitration Agreements permanently alter the dispute resolution process.
• Flexibility: Tolling Agreements can be terminated to allow court proceedings, but Arbitration Agreements generally bind parties to arbitration permanently.