[Spivak]

> This is efficient so long as the bargaining power in the market is not highly asymmetrical.

An asymmetrical legal and financial balance isn't even the real problem, it's that contracts from large companies are on paper non-negotiable with the real negotiation occurring is in court when the terms of the contract are contested. We already have some protections for people who agree to take-it-or-leave-it contracts but, to me, it's not terribly clear whether those protections extend to private arbitrators who might blindly rule on the letter of the contract.