[mode80]

To those who asked: A smart contract runs with the predictability of code. Courts don't. In particular, arbitration clauses are often not upheld.

[will_brown]

Courts run with the predictability of law/codes...it's one of the reason 90% of cases settle without trial.

If an arbitration clause isn't held up, it's not because of unpredictability of the court it's because the clause runs afoul of the actual law/code the court applies which is predictable. Moreover, smart contracts are not going to permit parties to circumvent law, in other words a smart contract arbitration clause would not be enforceable in a jurisdiction they are not otherwise enforceable.

[mannykannot]

And with all the reliability and security of code. See, for example, the DAO fiasco.

[contravariant]

Interestingly this can be considered both an argument against and in favour of smart contracts.