Thanks for extensively providing your thoughts, Michael. I think we agree there are some gray areas here, which means that if the matter were brought before a court, its decision could go either way. I'd prefer a more definite outcome, so let me try to focus onto one area: whether the "arbitration clause" is binding if one of the parties has engaged in unlawful conduct.

I agree with your example that in a case of rape, that arbitration wouldn't apply and there would be individual liability for the rapists. But what about a less extreme example, such as an allegation of fraud or conversion? It would seem to me that arbitration would be limited to matters within the contract. But since there is no such thing as a unlawful contract such as contractual provisions for fraud and conversion, any such acts a party does to the other must be deemed to be outside of the scope of a lawful contract and therefore not subject to a contractual arbitration clause.

Do you see where I am going with this?