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A Tolling Agreement pauses the legal time limit for bringing a claim to court in the Netherlands, giving parties more time to negotiate without rushing to file a lawsuit. It's commonly used when the standard statute of limitations (verjaringstermijn) is approaching but both sides want to explore an out-of-court solution.

Under Dutch civil law, these agreements help businesses and individuals preserve their legal rights while working towards settlement. They're particularly valuable in complex commercial disputes, construction claims, and insurance matters where gathering evidence and assessing damages takes time. The agreement must be specific about which claims it covers and clearly state the new deadline.

Consider a Tolling Agreement when you're negotiating a complex dispute in the Netherlands but running short on time before the legal deadline expires. It's especially valuable in construction disputes, professional liability claims, or commercial conflicts where you need more time to investigate facts or calculate damages accurately.

The agreement becomes crucial when both parties prefer settlement over litigation but need additional months for meaningful negotiations. Dutch courts recognize these agreements when properly drafted, making them particularly useful in multi-party disputes, cases requiring expert opinions, or situations where key evidence is still being gathered. Getting it in place early helps maintain positive negotiation dynamics.

• Time-Limited Tolling: Sets a specific end date for the pause period, commonly used in Dutch commercial disputes when parties need a defined negotiation window
• Conditional Tolling: Links the agreement's duration to specific events, like completing an expert investigation or receiving regulatory approval
• Partial Claims Tolling: Covers only specific claims or issues within a larger dispute, letting other deadlines run normally
• Multi-Party Tolling: Coordinates deadline extensions among several parties, common in construction or joint venture disputes
• Staged Tolling: Includes multiple deadline extensions that activate based on negotiation progress or milestone achievements

• Corporate Legal Departments: Initiate and review Tolling Agreements to protect company interests during complex negotiations
• Dutch Law Firms: Draft and negotiate agreements on behalf of clients, ensuring compliance with local civil law requirements
• Insurance Companies: Use these agreements when investigating claims or negotiating settlements with multiple parties
• Construction Companies: Commonly participate when resolving project disputes requiring detailed technical investigation
• Business Directors: Sign off on agreements after consulting with legal counsel, weighing litigation risks against settlement potential
• Claims Adjusters: Manage the timing aspects of claims and coordinate with legal teams on deadline extensions

• Identify Claims: List all potential legal claims and their current limitation deadlines under Dutch law
• Party Information: Gather complete legal names, addresses, and authorized signatories of all involved parties
• Timeline Planning: Determine the exact extension period needed for negotiations or investigations
• Claim Documentation: Collect relevant contracts, correspondence, and evidence supporting the claims
• Authority Check: Confirm signatory powers and any required board approvals
• Extension Scope: Specify which claims the agreement covers and any excluded matters
• Review Process: Use our platform to generate a legally compliant draft, ensuring all Dutch legal requirements are met

• Party Details: Full legal names, addresses, and registration numbers of all involved parties
• Claim Identification: Clear description of the specific claims and rights being tolled
• Time Period: Precise start and end dates of the tolling period under Dutch civil law
• Original Deadlines: Statement of the original limitation periods being extended
• Preservation Duties: Obligations to maintain relevant evidence during the tolling period
• Governing Law: Explicit choice of Dutch law and jurisdiction
• Execution Requirements: Signature blocks with proper authority declarations
• Termination Terms: Conditions for early termination or extension of the agreement

A Tolling Agreement differs significantly from an Arbitration Agreement in both purpose and timing. While both documents help manage dispute resolution, they serve distinct functions in the Dutch legal system.

• Primary Purpose: Tolling Agreements pause legal deadlines to allow negotiation time, 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 time is running out, whereas Arbitration Agreements are usually agreed upon before any dispute arises
• Legal Effect: Tolling Agreements preserve rights by extending statutory deadlines, while Arbitration Agreements change the forum where disputes will be heard
• Flexibility: Tolling Agreements can be terminated to resume normal legal timelines, but Arbitration Agreements usually create binding, permanent commitments to the arbitration process