Exactly, the harmed party is not subject to binding arbitration. The harmed party isn't going to bring someone to court for their bad devices - nobody has enough assets to be worth suing (other than perhaps to compel them cooperate with the discovery process) . However the company that made those devices is worth suing.

Alibaba is an interesting question though - if the device is from China (or some such) it isn't clear what the courts can do...