The author claims or implies that you cannot choose another arbitration forum, when the opposite is true today: you can, in the Ricardian contract of your smart contract, name any arbitration forum on the planet. You have infinite choice of arbitration forums. You only get the default forum if you fail to specify another one. This is an infinitely large free-market.

Furthermore, once a dispute arises, the two disputants still have the choice to move their dispute to any arbitration forum that will have them. This is true even if they specified no arbitration forum in their contract and are about to be covered by the default forum. Again, an infinitely large choice is available to disputants.