It's not entirely technical. The law that allows binding arbitration, and it's associated caselaw, says that parties that impose binding arbitration are also fi

It's not entirely technical. The law that allows binding arbitration, and it's associated caselaw, says that parties that impose binding arbitration are also financially responsible for the filing fees of aggrieved parties that want to engage in arbitration. If you don't pay those fees, then the binding arbitration clause is null and void and your counter-parties are free to sue in court. This is specifically because binding arbitration isn't supposed to grant corporations sovereign immunity. It's just to provide an alternative to litigation for people who want it.