Before filing an appeal or starting an arbitration procedure, you should consider a simple legal instrument, called a toll agreement, that can help resolve disputes and avoid litigation altogether. When entering into a toll agreement, a lawyer can, with reasonable efforts, help identify and retain evidence. Such efforts can provide a good faith basis for refuting an accusation of plunder. If the other party has significant evidence, the toll agreement may include a specific provision for the identification and retention of such evidence. While prescribing is helpful, there are cases where more time is needed. The toll allows authorities and parties to take extra time to determine and assess the viability and legitimacy of rights. Among the most common situations where it could be a toll agreement are cases of natural disasters, bankruptcy, madness or negotiation in good faith. On the other hand, this “discovery phase” can be costly, frustrating and tedious in a trial. For example, a toll agreement may provide a potential complainant with the opportunity to save money and obtain more information from the defendant than he would normally offer. In rebutting NL`s assertion that it could invoke a statute of limitations that existed the day before the toll agreement was signed, the Tribunal examined CERCLA`s “structure, underlying policy and legislative history” and found that “the time requirement [in the ECRC] is a statue of restrictions subject to extension by toll agreements.” The court also found that “contaminated sites can have a long and complex history,” that toll agreements support the EPA in the tedious process of identifying responsible parties and investigating sites, and that toll agreements facilitate comparisons with the PRP, which is one of CERCLA`s objectives. The Tribunal found that the defence was de-fine because the toll agreement was not intended for the parties to explicitly maintain the statute of limitations already in force. A recent U.S. District Court case, U.S.
v. Halliburton, undermined this concept and stressed that this mutual understanding, challenged in this case by the United States Department of Justice, was not correct. The Halliburton Court proposes that, if the toll agreement expressly maintains the existing statutes of a PRP, the defence should be waived. The EPO has taken legal action to recover the remediation costs of several companies, including QSA Global and NL Industries, which are responsible for the contamination of hazardous landfills in Texas. The central issue in the dispute was whether the limitation period had expired after CERCLA, which would exclude CEPOL`s request to charge a response fee. If you are about to take legal action, or if you think you are being sued, you should consider proposing a toll agreement. So if you think you might soon be involved in a lawsuit, consider buying some time with a toll contract. You get some of the benefits of a process strategy without any cost. A toll contract is a contract that binds only the parties to the agreement. It is therefore important to ensure that all parties to the dispute are identified and in accordance with the terms of the toll agreement. If the litigants are companies (for example.
B a limited liability company or company), a lawyer should check whether the companies are in good condition and can enter into a contract. Another reason to avoid waiting until the last minute to apply for a toll agreement is that it always takes longer before the agreement is signed than you expect.