The way it's designed, there will always be a cherry picker. Let say two people r fightin at 1k on the deck, and another plane that HAVE TO engage that fight because of the rule. He will most likely cherry pick because that his advantage. If another person run into that 3 way fighting, and he blew his E to get on the deck, then I think he's as good as dead. He's better off holding that E and BnZ so that when another plane enter the fight with E, he won't be a target himself.
If he keep that E, and a new person enter the fight with the same E. they'll probably end up in the deck also, eventually anyway. I died many times when my fight w/ another person was around 100 knts OTD, and the new guy came in with E and picked us both. It happens.