I don't think this matters. It's equally true of natural language contracts, which are litigated constantly.
With a legacy contract, both parties typically choose which legal jurisdiction the contract is executed in.
With a smart contract, you have the option to bake in a third parties keys to sort dispute resolution. If you choose not to, I dont see why it should be litigated instead.
To my mind, the choice not to have a mediation or dispute resolution option is just as much the "Intent" as not being hacked and drained of funds.