Or I'll toss another hypothetical situation out there...
Let's say you have a farmer who is in a contract to provide a buyer with a hundred eggs every month. Said farmer has a disaster in which his flock is decimated to where he could only provide enough eggs for his family to survive until his flock is regrown. But buyer says "tough luck, but you owe me a hundred eggs no matter what. And the contract doesn't cover the situation we're in."
So the matter goes to arbitration and the arbitrator agrees with the buyer since the terms of the contract are not being fulfilled. Seller offers an alternative, but the buyer won't budge since he is supposed to receive a hundred eggs no matter what. So the buyer, being the shady slimeball he is, sends in his protection service and drags the seller away since he is not fulfilling his end of the bargain. The seller went with a low bid protection agency, or possibly even not one at all, and they are quickly removed from the equation because the arbitrator stated the seller was in the wrong and according to the "law" the seller must honor his end of the bargain.
Now is this fair to take the seller into your "humane work camp" because of events out of his control? Or to starve a family? And don't say that the buyer would be understanding since you know very well there are people out there concerned with getting paid and nothing more.
Care to list the An-Cap alternative?