[wcunning]

There was a big thing about this a few years ago -- companies didn't want class actions (too expensive in lawyers, primarily), so they forced binding arbitration agreements into their EULA. Then a big law firm filed thousands of binding arbitrations on behalf of what was basically the class. The company had to pay $1000's/arbitration in fees to the arbitration company, which also didn't have an incentive to reduce the number of arbitrations when the company tried to get out of it. Turned into an incentive to not put binding arbitration clauses in agreements...