Parties often sign a Dispute Resolution Agreement (DRA) expecting that it will establish procedures before the dispute arises. But what if one party refuses to comply with the agreement, including, in particular, paying the necessary arbitration fees? Will the other party, having been frustrated in its attempt to arbitrate, be relieved of its obligations under the agreement?
These issues were recently considered by the Supreme Court of New Jersey in Roach v. BM Motoring, (A-69 September Term 2015, 077125, March 9, 2017).
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