How is it possible to promise in a contract that you will not do something you would otherwise be legally entitled to do? Well, that's half the point of a contract. You may as well say, "What's with this clause in the contract that says Sony can't sell our data to scammers? How is that legally possible?"
The real problem IMO is the circumstances under which the clause is presented, not the basic idea of arbitration.
I had never thought of it that way. I guess the distinction I am making in my head is between the contract and the way in which the contract is enforced. I have always felt uncomfortable when those two circles have overlapped.
The real problem IMO is the circumstances under which the clause is presented, not the basic idea of arbitration.