2. People felt that both parties should be able to influence the selection of the arbitrator. This is also in place. JAMS' Consumer rules require that, “The arbitrator(s) must be neutral, and the consumer must have a reasonable opportunity to participate in the process of choosing the arbitrator(s).”

3. There were concerns that users had to come to New York to pursue arbitration. This is not the case. While the arbitration will be based out of New York, you’re entitled to participate from your hometown. JAMS rules say “The consumer must have a right to an in-person hearing in his or her hometown area.” There are also provisions for attending remotely, if that’s what is required.

Both of these are in fact required by JAMS in order for arbitration to proceed with JAMS. But as long as the SE terms of service conflict with JAMS' requirements (specifically, by requiring arbitration to be held in NY, without giving any exception to this), JAMS may indeed refuse to arbitrate, but that would just push cases to the fallback option AAA, probably after a delay.

If AAA in turn has and upholds its own similar requirements, presumably the end result would be that arbitration could not proceed, even if both parties wanted it to, unless SE waived the requirement currently in the terms of service with every such case.

Or, of course, an exception could be made the other way, the consumer waive their right to a local hearing, and have to deal with the hassles of traveling to a hearing or setting up a remote hearing.

2. People felt that both parties should be able to influence the selection of the arbitrator. This is also in place. JAMS' Consumer rules require that, “The arbitrator(s) must be neutral, and the consumer must have a reasonable opportunity to participate in the process of choosing the arbitrator(s).”

3. There were concerns that users had to come to New York to pursue arbitration. This is not the case. While the arbitration will be based out of New York, you’re entitled to participate from your hometown. JAMS rules say “The consumer must have a right to an in-person hearing in his or her hometown area.” There are also provisions for attending remotely, if that’s what is required.

Both of these are in fact required by JAMS in order for arbitration to proceed with JAMS. But as long as the SE terms of service conflict with JAMS' requirements (specifically, by requiring arbitration to be held in NY, without giving any exception to this), JAMS may indeed refuse to arbitrate, but that would just push cases to the fallback option AAA, probably after a delay.

If AAA in turn has and upholds its own similar requirements, presumably the end result would be that arbitration could not proceed, even if both parties wanted it to, unless SE waived the requirement currently in the terms of service with every such case.

Or, of course, an exception could be made the other way, the consumer waive their right to a local hearing, and have to deal with the hassles of traveling to a hearing or setting up a remote hearing.