You are still on the back foot as a plaintiff facing this kind of clause, because before the lawsuit begins the defendent will move to force litigation, and you'll have to fight this battle (at $300/hour) before the lawsuit itself even gets started.
Yeah, so basically that sly clause in contract makes no difference, the problem is you have to go that path yourself, wasting your time, or pay the lawyer, wasting money upfront.
Pretty much how it works in any part of the world, unless you're jumping into train started by someone else
