If the appeal goes to circuit court, you can raise both the adopted-by-reference delegation, and the "so long as the matter remains in such court" arguments.
Assuming that the buyer raises the cut-out at all. Depending on the rules in your jurisdiction, if the appeal is not de novo, any objection based on the cut-out might be waived if not raised in the lower court.
My agreement is the one naming only AAA as arbiter.
My tiny ray of hope is that, in WI, we start in Small Claims Court, overseen by a Court Commissioner. If the Commissioner rules against you, the appeal goes to Circuit Court where a judge presides.
My previous experience was that the Commissioner denied my MTC and entered a judgement against me. The Circuit Court judge accepted the MTC.
I am dealing with Citi’s arb “limitation” clause in WI. Unfortunately, my case is in a court specifically named Small Claims Court.
I am very intrigued by your 3rd argument. I have been searching high and low for case law that specifically addresses this issue.
The Schein Supreme Court decision is interesting but does not speak directly to our issue.
I would be thrilled if anyone here has knowledge of case law that specifically addresses the validity of the arb limitation clause.