[rationalist]

Wouldn't the company still need to show up and tell the judge that there is an arbitration clause?

Additionally (I am not a lawyer) arbitration does not override any court or have any authority unless authorized by a court. If a party does not cooperate with the arbitration, the other party still has to go to court to convince a judge that the arbitration was good and get the judge to enter a judgement against the noncompliant party.

If as a consumer, you agree to arbitration and it is grossly unfair, you can still go to court and the judge can decide whether or not to use the arbitrators ruling or make their own ruling. The other party would also have to convince a judge that their unfair arbitration was fair.

[siegel]

If the consumer sues in small claims court, then the company would need to petition the court to compel arbitration. Large companies (like Apple) sometimes expend what would seem like irrational amounts of money on lawyers to make a statement. So, I wouldn't assume that they would balk at petitioning to compel arbitration.

In terms of the arbitration itself, it is very hard in the US to get an arbitration award overturned. So, wouldn't bank on that.