Hmm that is really a non-answer...
"There is no question about the binding nature of arbitration in the designator model, and ICANN has provided materials to support that position," the DNS overlord told us in a statement.
So the answer to the question is it is/could be/may be a NO to being binding? All you have to say is that it *IS* binding, end of story.
How to answer with a question about a question. I really hate that.
And of course it is a deflection on the member modal proposal...