We already have well-established mechanisms to arbitrate these kind of disagreements, e.g. courts. Adding blockchains to the process just makes it more complicated for no gain.
However when I tried some Ethereum development my impression was that most cryptocurrency people I met just hope that the value of their bitcoins goes up, or that they can sell related products or services. Many things seem to be financed by cryptocoin-money (not necessarily bad in itself) to keep the hype going, but it doesn't feel like a movement that wants to change things.
It's not like with open source where Stallman, Linus and many many other dreamt a dream but also built a lot of really high quality and important software. I don't see that kind of movement going on with Ethereum.
If an arbitration clause isn't held up, it's not because of unpredictability of the court it's because the clause runs afoul of the actual law/code the court applies which is predictable. Moreover, smart contracts are not going to permit parties to circumvent law, in other words a smart contract arbitration clause would not be enforceable in a jurisdiction they are not otherwise enforceable.
Has no one addressed the basic need of a justice system with these crypto currencies?
> that brings on a whole new level of reputation-economy things you have to think about.
We already have an inscrutable, unaccountable, super-intelligent system that can do that - the courts, the police...